Legal Opinion

Gates v. Salmon

California Supreme Court

Decided July 1, 1873No. Nos. 3,443; 3,481; 3,585PublishedCited by 12 opinions

Appeal from the District Court of the Seventh Judicial District, County of Sonoma. The former appeal, which is referred to in the opinion, is reported in 35 Cal. 576. This was an action of partition.

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Appeal from the District Court of the Seventh Judicial District, County of Sonoma. The former appeal, which is referred to in the opinion, is reported in 35 Cal. 576. This was an action of partition. In the year 1851 Bartolome Bojorques, the owner of the Rancho Laguna de San Antonio, containing twenty-four thousand nine hundred and three acres of land, conveyed to his eight children—Pedro, José Geraldo, Angel, and Juan, his sons; and Angela, wife of Henry Howe; Marcella, wife of Lopez Casus; Juana, wife of Ignacio Igara; and Theodecia, his daughters—the undivided eight ninths of the rancho. *…

1Opinion of the Court

By the Court, Rhodes, J.:

Three separate appeals from the judgment were taken by different parties to this action, but the records are alike, *371except that in one there is a statement on appeal. The three appeals will be considered together.

On the former appeal the principal question was whether the holders of the special locations—those who had acquired title to specific parcels of the rancho from one or more of the tenants in common of the rancho—were necessary parties to the action; and in passing upon that question, it became necessary to ascertain what title to a special location would pass…

2Cited by12 opinions

  1. Oliver v. WilliamsSupreme Court of Alabama · 1909
  2. East Shore Co. v. Richmond Belt RailwayCalifornia Supreme Court · 1916
  3. Solomon v. RedonaCalifornia Court of Appeal · 1921
  4. Chumasero v. VialMontana Supreme Court · 1879
  5. Savage v. LeeIndiana Supreme Court · 1885

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