Seaverns v. Gerke
U.S. Circuit Court for the District of California
Bill in equity to determine an adverse claim and remove a cloud upon the title of complainants to certain lands. In 1844 the governor of California granted ' to Edward A. Parwell five leagues of land. In 1845 said Parwell conveyed to James and John Williams the north half of said tract. In or about the month of December, 1845, said Parwell died intestate, seised of such interest in the south half of said tract, being the premises in question, as he acquired under said grant.
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Bill in equity to determine an adverse claim and remove a cloud upon the title of complainants to certain lands. In 1844 the governor of California granted ' to Edward A. Parwell five leagues of land. In 1845 said Parwell conveyed to James and John Williams the north half of said tract. In or about the month of December, 1845, said Parwell died intestate, seised of such interest in the south half of said tract, being the premises in question, as he acquired under said grant. He left surviving him, residing in some of the Eastern states, a mother, four brothers and one sister, he having at the…
1Opinion of the CourtSawyer, Circuit Judge
(after stating the facts). Upon the facts stated, the first question presented is, as to the effect of the sale hy Bidwell, assuming to act as administrator of the estate of Edward A. Farwell, deceased, under authority claimed to have been derived from Schoolcraft, as alcalde or judge of the court of first instance. It would be going a great way to hold that Schoolcraft could legally exercise any such judicial authority as he is claimed to have exercised in this case, by virtue merely of an election by the people at a public mass meeting held under no existing law, and without any other…
2Cases cited11 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Wilson v. CastroCalifornia Supreme Court · 1866
- Downer v. SmithCalifornia Supreme Court · 1864
- Coppinger v. RiceCalifornia Supreme Court · 1867
- Tevis v. PitcherCalifornia Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re LundbergCalifornia Supreme Court · 1904
- Harrison v. MillerSupreme Court of Kansas · 1912
- Guardianship of Treadwell, Superior Court of California, County of San Francisco1893