McBrown v. Wilson (1881) · DecisionDepot

McBrown v. Wilson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 15, 1881 No. No. 7,246Published

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Holding. The court affirmed the judgment and order against the defendant, holding that the rules established in McBrown v. Morris apply to this case despite the defendant's intent to acquire a homestead right.

Issues

Whether the rules established in McBrown v. Morris apply to a defendant who entered land with the intent to acquire a homestead right.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The rules laid down in McBrown v. Morris apply to this case, and therefore the judgment and order herein are affirmed.”

Synopsis

Appeal by defendant, A. W. Wilson, from a judgment for plaintiff and from an order denying a new trial in the Twenty-second District Court of Marin County. Temple, J.

Petition for hearing in bank was filed in this case after judgment, and denied.

The Court: This case is like that of McBrown v. Morris, supra, 64, except. that the entry made by. the defendant upon the possession and occupation of McBrown was with intent to acquire a homestead right under the laws of the United States, which he was allowed to enter and pay for at the Land Office. The rules laid down in McBrown v. Morris apply to this case, and therefore the judgment and order herein are affirmed.

McBrown v. Wilson

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