California Supreme Court, 1865

Thornton v. Thompson

Thornton v. Thompson
California Supreme Court · Decided October 15, 1865 · Sanderson
28 Cal. 602

Counsel

Tyler & Cobb, for Appellant, cited Kyle v. Tubbs, 23 Cal. 442., T. A. Caldwell, and George Cadwalader, for Respondents.

Thornton v. Thompson

Opinion of the Court

By the Court,

Sanderson, C. J.

The refusal of the Court to allow the plaintiff to prove by oral testimony that the land in controversy was not swamp and overflowed within - the meaning of the Act of Congress ceding the swamp and overflowed lands within their borders to the several States, was error. (Kyle v. Tubbs, 23 Cal. 432 ; Kernan v. Griffith, 27 Cal. 87.)

Judgment reversed and new trial ordered.

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