Mayor and Common Council of San Jose v. Trimble
California Supreme Court
Appeal from the District Court of the Third Judicial District County of Santa Clara. Plaintiffs had judgment, and defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment, and the plaintiffs are clearly entitled to recover, unless the defendant has established a valid defense under the statute of limitations. The plaintiffs claim under a final decree of the Supreme Court of. the United States, rendered in J une, 1866, confirming to them a large tract, which includes the premises in controversy; but on the face of this decree there is excepted from its operation certain tracts granted by the Spanish or Mexican Governments to private claimants; and of these excepted tracts the “Rancho Milpitas” was one. This…
2Cases cited1 opinion
- City of San Francisco v. FuldeCalifornia Supreme Court · 1869
3Cited by15 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- West v. EvansCalifornia Supreme Court · 1946
- Hayes v. MartinCalifornia Supreme Court · 1873
- Ohm v. City & County of San FranciscoCalifornia Supreme Court · 1891
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