Durand v. Martin
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF CALIFORNIA. This was an action to recover the possession of land in California, brought, and prosecuted to final judgment, in the courts of that state. The facts which make the Federal case for this court are stated in the opinion of the court.
1Opinion of the CourtChief Justice Waite
This was a suit brought by Samuel B. Martin, the defendant in error, on the 20th of March, 1878, in the District Court of Contra' Costa County, California, against Martin Durand and Anthony Thompson, the plaintiffs in error, to recover the possession of the E. sec. 13, T. 2 S., R. 1 E., ■ Mount Diablo meridian. The facts found at the trial were in brief these:
The land in dispute was agricultural land, and it was located by the locating agent of California on the 20th of October, 1862, at the request and in the name of Martin, in lieu of the E. sec. 16, T. 22 S., R. 6 E., of the same meridian.…
2Cases cited3 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Frasher v. O'CONNORSupreme Court of the United States · 1885
- Trenouth v. San FranciscoSupreme Court of the United States · 1880
3Cited by7 opinions
- United States v. Angel DomenechCourt of Appeals for the Second Circuit · 1973
- Goodwin v. McCabeCalifornia Supreme Court · 1888
- People ex rel. Eadie v. Noyo Lumber Co.California Supreme Court · 1893
- Caldwell v. BushWyoming Supreme Court · 1896
- Rourke v. McNallyCalifornia Supreme Court · 1893
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