Goodwin v. McCabe

Citations

• 75 Cal. 584
• 17 P. 705
• 1888 Cal. LEXIS 589

Syllabus

<p>Possession—Natural Barriers. — Natural barriers may be sufficient to form an inclosure for the purposes of the rule in reference to actual possession of real property. Whether they are so or not is a question for the jury under proper instructions.</p> <p>Id. —Instructions. —If there is sufficient evidence to go to the jury upon the question, it is error to refuse an instruction that if the jury believe that plaintiff’s fences, together with natural harriers, formed an inclosure sufficient to turn cattle, it was sufficient for the purposes of possession.</p> <p>Color oe Title. — An entry under a swamp-land certificate, in the belief in good faith that it confers a right to the land, is an entry under color of title.</p> <p>Homestead Entry upon Publio Land—Risht to Possession.—A party who makes a valid homestead entry under the laws of the United States, and pays what is required, has a right to the possession as against third persons, and can defeat an action of ejectment brought upon a prior possession.</p> <p>Id. —Homestead Entry upon Land in Actual Possession op Another— Force. — A homestead entry upon public land in the actual possession of another is invalid, although no force be used to gain possession.</p> <p>Id.—Constructive Possession.—But this rule does not apply where the possession is not actual but merely constructive.</p> <p>Receipt op Receiver of Land-office as Evidence of Payments to Him.—The receipt o£ the receiver of the United. States land-office for payments upon a homestead entry are admissible to show such payments.</p> <p>Map in Register’s Office — Certified Copy.—A certified copy of the map in the office of the register of the United States land-office is admissible upon the question of the character of the land.</p>