Legal Opinion

Rhodes v. Craig

California Supreme Court

Decided July 1, 1863PublishedCited by 7 opinions

Appeal from the Fifteenth Judicial District. The plaintiff commenced an action of ejectment against the defendants, deraigning title from J. G. Doll, to two “town lots” lying in the town of Red Bluff.

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Appeal from the Fifteenth Judicial District. The plaintiff commenced an action of ejectment against the defendants, deraigning title from J. G. Doll, to two “town lots” lying in the town of Red Bluff. The complaint contained three counts; the first alleging seizin in Doll on the twenty-ninth of October, 1862, and that afterwards, on same day, he conveyed to plaintiff, etc.; the second alleging a seizin in plaintiff on that day, etc.; and the third, an unlawful entry into the possession of plaintiff by defendant. The answer denied, upon information and belief, the seizin of Doll and plaintiff,…

1Opinion of the CourtField, C. J.

Cope, J. concurring.

It is difficult to perceive upon what ground the order staying proceedings in this action can rest, except the bare possibility that the officers of the General Land Office at Washington may come to a different conclusion from that of the authorities of the State as to the validity of the location of the school warrant upon which the patent to Doll was issued. But even if such a conclusion should be reached, no defense based thereon could be interposed to the present action. Until an entry on behalf of the inhabitants of the town of Red Bluff is made, or a patent of the…

2Cases cited1 opinion

  1. Doll v. MeadorCalifornia Supreme Court · 1860

3Cited by7 opinions

  1. Stearns v. Los Angeles City School DistrictCalifornia Court of Appeal · 1966
  2. Avery v. Superior CourtCalifornia Supreme Court · 1881
  3. Bailey v. Fosca Oil Co., Ltd.California Court of Appeal · 1962
  4. Blaine County Natioanl Bank v. JonesIdaho Supreme Court · 1927
  5. Figg v. HandleyCalifornia Supreme Court · 1877

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