Neuebaumer v. Woodman
Citations
- 89 Cal. 310
- 26 P. 900
- 1891 Cal. LEXIS 815
Syllabus
<p>Mining Claim — Failure to Mark Boundaries — Constructive Possession — Ejectment against Intruder. — Although the locator of a mining claim failed to mark the location upon the ground so that its boundaries could be readily traced, yet if his successor in interest enter into possession of part of the claim under a deed conveying the whole property by metes and bounds, such successor has constructive possession of the whole claim as described in the deed, and subsequent grantees succeeding to such possession may maintain ejectment for the whole claim against an intruder who makes another attempted location, but also fails to mark the boundaries of his location upon the ground.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- disapproving Moore to the extent that it may be read as precluding a life without parole sentence in cases where the recidivist-sentencing statutes require a sentence of life without parole
- explaining that a sentence of life without the possibility of parole was permitted for a murder committed before 2009 only if the State noticed its intent to seek the death penalty or if the defendant was subject to recidivist sentencing under OCGA § 17-10-7 (b)
- denying void sentence claim on the merits instead of dismissing it
- “In 2009, the General Assembly amended the murder statute, OCGA § 16-5-1, to authorize a sentence of life without parole for all murders committed on or after April 29, 2009.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Foote
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