Burton v. Nichols (1884) · DecisionDepot

Burton v. Nichols

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

California Supreme Court Jan 17, 1884Published

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Holding. The court held that the trial court's finding regarding the location of the lands was supported by sufficient evidence, as the defendant's testimony created a substantial conflict.

Issues

Whether the evidence justifies the finding that the lands are not within the boundaries of the rancho Jesus Maria as patented.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The testimony of the witnesses called by the defendant at least created a substantial conflict with reference to the location of the demanded premises, and we cannot say that the evidence did not sustain the finding of the court.”

Synopsis

Appeal.—Where the Evidence is Conflicting, the Finding of the trial court thereon will not be disturbed.

By the COURT. The only point made by appellant is that the evidence does not justify the finding that the lands described in the complaint are not situated within the boundaries of the rancho Jesus Maria as patented by the United States. The testimony of the witnesses called by the defendant at least created a substantial conflict with reference to the location of the demanded premises, and we cannot say that the evidence did not sustain the finding of the court.

Judgment affirmed.

Burton v. Nichols

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