Yates v. Smith
California Supreme Court
Appeal from the District Court of the Tenth District, County of Colusa. This is an action of ejectment for a lot of land in the town of Colusa. The plaintiff claimed title under the “Colus” grant, and the defendant under the “Jimeno” grant. The case was first tried in the District Court of Colusa County, at the ’May Term, 1868, and judgment was rendered in favor of the plaintiff.
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Appeal from the District Court of the Tenth District, County of Colusa. This is an action of ejectment for a lot of land in the town of Colusa. The plaintiff claimed title under the “Colus” grant, and the defendant under the “Jimeno” grant. The case was first tried in the District Court of Colusa County, at the ’May Term, 1868, and judgment was rendered in favor of the plaintiff. Defendant took an apjieal to this Court, and at July Term, 1869, that judgment was reversed and a new trial ordered. At the December Term of the District Court, for 1869, a new trial was had, and judgment rendered in…
1Opinion of the CourtRhodes, C. J.
This case comes before us, on appeal from the judgment; and the only questions in the case, are those which arise *667upon the statement on appeal. The first ground specified in the statement, is tbat “the Court erred in admitting in evidence the patent of the Jimeno grant as the foundation of title to any land included within the Colus official survey;” and the second ground is, that “the Court erred in admitting'the Jimeno patent, the same being void, and of no effect.” The two grounds may be considered together. The objections taken at the time the patent was offered in evidence, were that the…
2Cases cited2 opinions
- Kimball v. SempleCalifornia Supreme Court · 1864
- Yates v. SmithCalifornia Supreme Court · 1869
3Cited by10 opinions
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- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- Lorimer v. FairchildSupreme Court of Kansas · 1904
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