Nessler v. Bigelow

Citations

• 60 Cal. 98
• 1882 Cal. LEXIS 407

Syllabus

<p>Patent—Mineral Lands — Statute of Limitations — Constructive Trust.—Action to quiet title. The plaintiff deraigned title under a patent of the United States issued within five years of the commencement of the action. The defendants pleaded title by the statute of limitations; and also facts which they contended constituted the plaintiff trustee for them of the title; but on this issue the Court found against them.</p> <p>Held, as to the latter defense, that the finding was justified by the evidence, and as to the former that the statutes could not avail the defendants against the patentee.</p>