Boggs v. Merced Mining Co.
California Supreme Court
Appeal from the Thirteenth District. Ejectment for premises situate in Mariposa County. Plaintiff was the lessee of John 0. Fremont, to whom a patent was issued by the United States, hearing date February 19th, 1856, embracing a tract, including the premises in controversy. The case was tried by the Court without a jury, by consent of parties.
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Appeal from the Thirteenth District. Ejectment for premises situate in Mariposa County. Plaintiff was the lessee of John 0. Fremont, to whom a patent was issued by the United States, hearing date February 19th, 1856, embracing a tract, including the premises in controversy. The case was tried by the Court without a jury, by consent of parties. The Court found the facts to be as follows: 1. That J. C. Fremont, at the time of demising the premises sued for, to the plaintiff, as stated in complaint, was the owner, and seized "in fee simple of the tract of land called “Las Mariposas,” mentioned…
1ConcurrenceTerry, C. J.
delivered the following opinion :
I concur in the judgment and the doctrine of my associate. I, however, express no opinion as to the correctness of the former ruling of this Court in Hicks v. Bell. It is sufficient, for the purposes of this case, that the title to the gold did not pass by the grant to the lessor of plaintiff. Whether the right to the mines is vested in the United States, or the State of California, is a question in which the plaintiff has no concern.
Field, J. dissented.
*315A rehearing having been granted, the case was again argued at the July Term, 1858.
8. W. Inge, for Appellant.
1…
Also in this document: Opinion of the Court.
2Cases cited25 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Wilcox v. JacksonSupreme Court of the United States · 1839
- United States v. PerchemanSupreme Court of the United States · 1833
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
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