Iburg v. Suanet

Citations

• 47 Cal. 265

Syllabus

<p>New Trial, where thebe is a Conflict nr the Evidence.—If there is a substantial conflict in the evidence, the Court will not grant a new trial on the ground that the verdict is against the evidence, unless the preponderance of evidence in favor of the party applying for the new trial is so great as to show that the jury must have acted under the influence of passion or prejudice.</p> <p>Evidence of Good Faith in Possession of Land.—Evidence that a party who entered on land was a qualified pre-emptioner, and that he entered upon it for the purpose of pre-empting, and took the necessary steps to acquire a pre-emption right, is not admissible for the purpose of showing the good faith of the possession of one who entered upon the same land under a deed from the pre-emptioner, but who was not qualified to pre-empt.</p> <p>Idem.—If a qualified pre-emptor enters upon land in the prior possession of another, and enters in good faith for the purpose of pre-empting, and then sells and delivers possession to one who is not a qualified pre-emptor, the possession of the one who is not a qualified pre-emptor is tortious as against the prior possessor.</p> <p>Wobds“Bona Fide Actual Possession.”—The words “bona fide actual possession,” in the act of Congress, passed March 8th, 1866, to quiet the title to certain lands within the corporate limits of the city of San Francisco, mean a possession which is bona fide as against adverse claimants, and not as against the Government.</p>