gno.law

De Miranda v. Toomey

California Supreme Court · No. 4519 · 1875-07-01 · Published · 51 Cal. 165

JUANA BRIONES DE MIRANDA v. HENRY TOOMEY

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

By the Court:

The only defense interposed by the defendants is based upon the Statute of Limitations.

The patent under which the plaintiff claims was issued in 1871, and the action was commenced in 1872. The circumstance that the survey became final in 1863, under the act of June 14, 1860, is of no moment. (Gardiner v. Miller, 47 Cal. 570; Reed v. Ybarra, 50 Cal. 465.)

Judgment and order denying a new trial affirmed.

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