People ex rel. Pierce v. Morrill
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was commenced in July, 1862. The complaint averred that on the 19th day of March, 1861, the relators Pierce, Massini, Trussell, and Mangard, in accordance with the general mining laws and customs of this State, took up as mining claims a certain parcel of land on the sea shore, between the lines of ordinary high and low water, a portion of which, a strip one thousand five…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was commenced in July, 1862. The complaint averred that on the 19th day of March, 1861, the relators Pierce, Massini, Trussell, and Mangard, in accordance with the general mining laws and customs of this State, took up as mining claims a certain parcel of land on the sea shore, between the lines of ordinary high and low water, a portion of which, a strip one thousand five hundred feet long, is embraced within the land described in the patent issued to defendant, and that the parcel of land…
1Opinion of the Court
By the Court, Shafter, J.
This suit was brought to set aside a patent issued by the State to the respondent on the 4th of October, 1861. The lands covered by the patent are described therein as “ one hundred and sixty acres of State tide lands, situated in the County of Santa Barbara.” It appears further from the record that the lands lie immediately upon the sea beach, composed of rock and sand, upon which a heavy surf runs at ordinary high tide; and that the remaining portion of the land is cov*353ered by the waters of the ocean to a depth, at ten chains from the shore, sufficient for any class…
2Cases cited5 opinions
- John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
- Teschemacher v. ThompsonCalifornia Supreme Court · 1861
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Owen v. FrinkCalifornia Supreme Court · 1864
- Doe Ex Dem. Hallett v. BeebeSupreme Court of the United States · 1852
3Cited by40 opinions
- People v. California Fish Co.California Supreme Court · 1913
- Marks v. WhitneyCalifornia Supreme Court · 1971
- City of Long Beach v. MarshallCalifornia Supreme Court · 1938
- Wilson v. CastroCalifornia Supreme Court · 1866
- Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908
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