Billings v. Hall
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment, to recover possession of certain town lots, in the city of Sacramento.
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Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment, to recover possession of certain town lots, in the city of Sacramento. The complaint merely alleges that the grantor of the plaintiff was seized in fee and in possession, of the land, and had conveyed to plaintiff, Billings, and further alleges that defendant is wrongfully in possession, but but does not allege that the title under which he claims is derived from the Spanish or Mexican governments. Among other defences, the defendant plead the Statute of Limitations, and the “ Settler Law ” of…
1Opinion of the Court
Murray, C.
was an action of ejectment. Court below directed the jury to find a special verdict, upon which a judgment was entered for the defendant.
Two questions are presented by the record; first, whether the plaintiff's action is not barred by the Statute of Limitations; and, second, the constitutionality of the act of March 26,1856, entitled “ an act for the protection of actual settlers, and to quiet land-titles in this state,"so far as the same requires a party, recovering possession of lands in an action of ejectment, to pay the defendant the value of his improvements. On the trial of…
2Cases cited1 opinion
- Ex Parte TillinghastSupreme Court of the United States · 1830
3Cited by67 opinions
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Akley v. BassettCalifornia Supreme Court · 1922
- Ex parte NewmanCalifornia Supreme Court · 1858
- Strauss v. HortonCalifornia Supreme Court · 2009
- Miller v. McKennaCalifornia Supreme Court · 1944
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