Haven v. Haws
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County. The action was for the recovery of the possession of the west half of a certain quarter section of land. The plaintiff held a certificate of purchase from the United States which grew out of a contest between one Osborne who held a soldier’s certificate and had located the same land, and the plaintiff and the defendant who had each filed a declaratory statement to pre-empt.
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Appeal from a judgment of the Superior Court of San Bernardino County. The action was for the recovery of the possession of the west half of a certain quarter section of land. The plaintiff held a certificate of purchase from the United States which grew out of a contest between one Osborne who held a soldier’s certificate and had located the same land, and the plaintiff and the defendant who had each filed a declaratory statement to pre-empt. The Secretary of the Interior decided the contest in favor of the plaintiff herein. The defendant by way of cross-complaint set up the proceedings,…
1Per curiam
The question involved in this appeal, as stated by appellant's counsel, is as follows: —
“ Can a qualified pre-emptor, intending at the time of settlement to take the whole of a quarter section, one. hundred and sixty acres, initiate a valid claim to the whole by performing acts of settlement on one eighty, while the other eighty is enclosed and cultivated by another person, before and at the time the attempt begins?"
It is insisted by appellant that the officers of the land department of the United States erred in law, in holding that a qualified pre-emptor could, under the circumstances…
2Cases cited6 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Hosmer v. WallaceSupreme Court of the United States · 1879
- Trenouth v. San FranciscoSupreme Court of the United States · 1880
- Davis v. ScottCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Whittaker v. PendolaCalifornia Supreme Court · 1889
- Kitts v. AustinCalifornia Supreme Court · 1890
- Caldwell v. BushWyoming Supreme Court · 1896
- Gragg v. CooperCalifornia Supreme Court · 1907
- Balsz v. LiebenowArizona Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.