Slaughter v. Fowler

Citations

• 44 Cal. 195
• 1872 Cal. LEXIS 180

Syllabus

<p>Pkiok Possession oe Land.—One who owns three hundred and twenty-acres of land Is not precluded thereby from acquiring and holding the actual possession of other land, and retaining the same by reason of his prior possession, as against one who enters without title.</p> <p>Erroneous Instructions to Jury.—If the Court instructs the jury upon an abstract proposition not before them, and there is anything in the instruction calculated to mislead, a new trial will be granted.</p> <p>Evidence in Ejectment.—A certificate of the United States Register of Lands that the plaintiff, as the agent of the State, has located land at his office in part satisfaction of lands granted to the State, is not admissible in evidence of the locator’s right to recover in ejectment.</p> <p>Recovery in Ejectment.—One who sues in ejectment to recover land on the ground of prior possession, and shows an actual possession by inclosure of a portion only of the demanded premises, is entitled to recover such portion.</p>