Megerle v. Ashe
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendants, Van Syckle and Flanders, were in possession of the land as tenants of defendant Ashe, who claimed to own it and defended on behalf of his tenants.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendants, Van Syckle and Flanders, were in possession of the land as tenants of defendant Ashe, who claimed to own it and defended on behalf of his tenants. The following is the patent from the State to Terry : United States of America. > State of California. > To all to whom these presents shall come, Greeting: Whereas, under the provisions of Act of the Congress of the United States, entitled “An Act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights,” approved…
1Opinion of the Court
By the Court, Rhodes, J.
The plaintiff claims title to the premises in controversy through a patent issued to him by the United States, September 1, 1863; and the defendants claim title under a patent issued by the State of California, January 8, 1862, to Terry, the grantor of Ashe. The plaintiff having introduced his • patent rested, and thé defendants then offered in evidence the patent from the State to Terry, and in connection therewith offered to prove by independent evidence that the statement and recitals in the patent were true, which were in substance that the land had been properly…
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