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49 Cal. 137

Lynch v. Brigham

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

<p>Appeal from the District Court, Fifth Judicial District, County of San Joaquin.</p> <p>The complaint was filed February 24, 1873, and averred that on the 23d of February, 1872, the plaintiff was the owner and seized in fee of the demanded premises and that on the next day the defendant ousted him. The other facts are stated in the opinion.</p>

Cited by 1 later decisions — most recently June 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

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By the Court, Crockett, J.:

¶1The action is ejectment in the usual form, and the complaint is not verified. The answer contains a general and specific denial of all the allegations of the complaint. The Court filed written findings, and entered a judgment for the defendants, from which the plaintiff appeals on the judgment-roll alone. The Court finds: 1st, That the land in controversy is a quarter section of public land; 2d, That on a certain day before the commencement of the action, the plaintiff paid to the United States Receiver at the land-office at San Francisco, in which district the land is situate, a sum of money “being the amount due to the United States Government for said land, and took his receipt therefor, having theretofore made the necessary proofs before the officers of the United States Land Office, San Francisco.” This is the only finding which it is pretended shows any title or right of entry in the plaintiff; and it is wholly insufficient for that purpose, for reasons too obvious to require comment.

¶2Judgment affirmed. Remittitur forthwith.

¶3Mr. Justice Rhodes did not express an opinion.

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