Semple v. Ware
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Yuba County. Ejectment for part of lot number six, in block number six, in the Town of Colusa. The defendant recovered judgment in the Court below, and the plaintiff appealed. The other facts are stated in the opinion, and in Yates v. Smith, 40 Cal. 662; and same case, 38 Cal. 60. The cases of Treadway v. Semple, 28 Cal. 652, and Semple v. Wright, 82 Cal. 659, throw light on the litigation.
1Opinion of the Court
By the Court, Niles, J.:
The opinion in Yates v. Smith, 40 Cal. 662, disposes of all the points made upon this appeal except the fifth, which is that “the Court erred in giving a judgment in favor of defendant, the plaintiff holding the older and superior title.” We shall concede, for the purposes of the appeal, that this point is properly presented by the record.
The plaintiff claims under a final decree of the District Court of the United States, made on the 2d day of February, 1861, confirming the survey of the Colus Rancho. The defendant claims under a final decree of the same Court, made…
2Cases cited1 opinion
- Yates v. SmithCalifornia Supreme Court · 1871
3Cited by7 opinions
- Nicholls v. AndersCalifornia Court of Appeal · 1936
- California Bank v. TraegerCalifornia Supreme Court · 1932
- Estate of LindauerCalifornia Court of Appeal · 1942
- Delgado y Ortiz v. First National BankNew Mexico Supreme Court · 1904
- Hagar v. SpectCalifornia Supreme Court · 1874
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