Legal Opinion

Burton v. Le Roy

U.S. Circuit Court for the District of California

Decided May 22, 1879PublishedCited by 4 opinions

[In equity. Bill by L. E. Burton against Theodore Le Roy to determine an adverse claim to land.

1Opinion of the Court

SAWYER, Circuit Judge.

This is a bill in equity, brought under section 738 of the Code of Civil Procedure, to determine an adverse claim to land. The land in question was granted by the Mexican government to Antonio Maria Olivera, and the grant having been confirmed, a patent issued on July 30, 1863. On April 24,1853, the grantee, Olivera, executed, in favor of Joaquin Tico, an instrument which is presented here, and which was recorded October 14, of the same year. The only interest of the complainant in the land is such as is derived under this instrument. It is not clear from the terms of…

2Cases cited9 opinions

  1. Pierce v. IndsethSupreme Court of the United States · 1883
  2. Darlington v. M'CooleSupreme Court of Virginia · 1829
  3. Pinkard v. PinkardTexas Supreme Court · 1855
  4. Forward v. ArmsteadSupreme Court of Alabama · 1847
  5. Acker & Chapman v. J. D. & D. A. PhœnixNew York Court of Chancery · 1834

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3Cited by4 opinions

  1. Rust v. ConradMichigan Supreme Court · 1882
  2. Jackson v. TateboWashington Supreme Court · 1892
  3. State v. DonaldSupreme Court of Louisiana · 2000
  4. Wilhite v. SkeltonCourt Of Appeals Of Indian Territory · 1904

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