Legal Opinion

Stanley v. Green

California Supreme Court

Decided January 15, 1859PublishedCited by 57 opinions

Appeal from the Seventh District, County of Napa. This was an action of ejectment. The cause was tried by a jury, and verdict and judgment for the plaintiff. Defendants moved the Court for a new trial, which was denied, and they appealed to this Court. A statement of facts sufficient to elucidate the points decided, appear in the opinion of the Court.

1Opinion of the CourtField, J.

This is an action of ejectment to recover the possession of certain premises situated in the County of Napa. The plaintiff and the defendants claim under Nicholas Higuera, to whom a grant of a tract of land, subsequently entitled “ Entre Napa,” was made in May, 1836, by the then Governor of Upper California. It is admitted that Higuera was the owner in fee of the tract on the thirteenth of November, 1847. The premises in controversy are a part of this tract, and are described as lying between the Napa river and the creek emptying into it, known as the Arroyo de las Cameros, south of a line…

2Cases cited10 opinions

  1. Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
  2. Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
  3. Blake v. DohertySupreme Court of the United States · 1820
  4. Howe v. BassMassachusetts Supreme Judicial Court · 1807
  5. Jackson ex dem. Livingston v. BarringerNew York Supreme Court · 1818

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3Cited by57 opinions

  1. Marriner v. DennisonCalifornia Supreme Court · 1889
  2. Rush v. FrenchArizona Supreme Court · 1874
  3. Mello v. WeaverCalifornia Supreme Court · 1950
  4. Wittenbrock v. ParkerCalifornia Supreme Court · 1894
  5. Messer v. OestreichWisconsin Supreme Court · 1881

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