Rutledge v. Murphy
California Supreme Court
Appeal from, the District Court, Third Judicial District, County of Santa Clara. The plaintiff claimed the northeast quarter of section twenty-nine, in township six south, range one west, Monte Diablo base and meridian, as a pre-emptor, and the Register and Receiver of the United States Land Office allowed him to enter and pay for it in 1866. In 1867 the Commissioner of the General Land Office directed the Register and Receiver to investigate the claim of the defendants as…
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Appeal from, the District Court, Third Judicial District, County of Santa Clara. The plaintiff claimed the northeast quarter of section twenty-nine, in township six south, range one west, Monte Diablo base and meridian, as a pre-emptor, and the Register and Receiver of the United States Land Office allowed him to enter and pay for it in 1866. In 1867 the Commissioner of the General Land Office directed the Register and Receiver to investigate the claim of the defendants as purchasers from the Mexican grantee, and to take the testimony of all parties. The Register and Receiver decided in favor…
1DissentRhodes, J.
The purpose of this action is to compel the defendants to convey to the plaintiff the legal title to the premises, which they acquired by means of a patent issued to their grantor by the United States. The township plot, including the lands in controversy, was filed in the proper land office in May, 1866. The survey of the rancho “ Pastoría délas Borregas” was finally confirmed in June, 1865. The lands in controversy were within the exterior limits of the rancho, but were excluded therefrom by the final survey. The plaintiff settled upon the quarter-section of land, which includes the land in…
2Cases cited5 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Lindsey v. HawesSupreme Court of the United States · 1863
- Hosmer v. WallaceCalifornia Supreme Court · 1874
- Verden v. ColemanSupreme Court of the United States · 1860
- Burrell v. HawCalifornia Supreme Court · 1874