Rose v. Davis
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action of ejectment to recover a tract of land in Yuba County. Plaintiff claimed by title deraigned from the grant of one Sutter, and his possession under it. Trial by jury on complaint and answer, putting in issue title and possession.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action of ejectment to recover a tract of land in Yuba County. Plaintiff claimed by title deraigned from the grant of one Sutter, and his possession under it. Trial by jury on complaint and answer, putting in issue title and possession. There was a dispute as to whether the locus in quo was within the boundaries of the Sutter grant, and of the land conveyed to plaintiff, which was part of the Sutter grant. In order to make out his case, the plaintiff offered- in evidence the map of J. W. Higgins, of a…
1Opinion of the Court 1
The errors of the Court below are embraced in the refusal of the following instructions asked for by defendants’ counsel, and refused by the Court.
The Court was asked to instruct the jury as a fourth instruction, as follows:
“ A demarcation, or private survey, made by direction of a party interested under the grant, is inadmissible evidence, because it would enable the grantee to fix a vagrant grant by his own act.”
This was certainly most pertinent to the case, and was refused.
The language of the instruction is precisely in the language of the opinion of Chief Justice Marshall, and a majority…
Also in this document: Opinion of the Court · Baldwin.
2Cases cited5 opinions
- Blake v. DohertySupreme Court of the United States · 1820
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
- Chirac v. ReineckerSupreme Court of the United States · 1829
- James v. StookeyU.S. Circuit Court for the District of Pennsylvania · 1806
- Gerrish v. BearceMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Kendrick v. LathamSupreme Court of Florida · 1889
- Werts' Heirs v. VickCourt of Appeals of Texas · 1918
- Kile v. TubbsCalifornia Supreme Court · 1863
- Broome v. LantzCalifornia Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.