Smith v. Athern

By the Court, Crockett, J.:

This is an action of ejectment, in which the plaintiff claims under a patent from the United States, founded on a preemption certificate; and the defendant under a patent from the State of California, founded on the location of a school land warrant. The complaint is in the usual form, and the answer not only denies title in the plaintiff, but sets up title in the defendant, under the location of the school land warrant, and the patent issued by the State in pursuance thereof.

On the trial the plaintiff put in evidence his patent from the United States; and the…