Aurrecochea v. Hinckley

California Supreme Court

Aurrecochea v. Hinckley

1 Cal. Unrep. 864

CourtCalifornia Supreme Court

DecidedNovember 12, 1874

DocketNo. 3981

StatusPublished

This text of 1 Cal. Unrep. 864 (Aurrecochea v. Hinckley) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aurrecochea v. Hinckley, 1 Cal. Unrep. 864 (Cal. 1874).

Pincite

Opinions

McKINSTRY, J.

— The Mexican claim under which plaintiffs deraign title was not finally confirmed when the act of [865]*865April 18, 1863, took effect (Stats. 1863, p. 325), nor had a patent for the land been issued when this action was. brought. The defendant was in the adverse possession more than five years before the commencement of the action. If the statute of 1863 is not in conflict with the constitution of the United States, or with a treaty, the defendant was entitled to judgment. No argument is made in the briefs upon the subject of such conflict.

Judgment and order reversed and cause remanded.

We concur: Crockett, J.; Niles, J.

Free access — add to your briefcase to read the full text and ask questions with AI

McKINSTRY, J.

— The Mexican claim under which plaintiffs deraign title was not finally confirmed when the act of [865]*865April 18, 1863, took effect (Stats. 1863, p. 325), nor had a patent for the land been issued when this action was. brought. The defendant was in the adverse possession more than five years before the commencement of the action. If the statute of 1863 is not in conflict with the constitution of the United States, or with a treaty, the defendant was entitled to judgment. No argument is made in the briefs upon the subject of such conflict.

Judgment and order reversed and cause remanded.

We concur: Crockett, J.; Niles, J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aurrecochea-v-hinckley-cal-1874.

Opinions

Related

Cite This Page — Counsel Stack