Tormey v. True

California Supreme Court July 1, 1872

Tormey v. True, 45 Cal. 105 (Cal. 1872)

Opinion of the Court

By the Court:

The equitable defense pleaded is fatally defective, in that it fails to aver that the purchase under which the appellant *107claims was made from Vallejo before the claim of the latter had been rejected by the Supreme Court of the United States, and that the premises had been reduced to possession by the defendant, or those under whom he claims, at the time of the rejection of the Vallejo claim by that Court. The purchase and possession upon which the defendant relies do not appear to have antedated the passage of the Act of Congress, and are, therefore, insufficient to bring .the defendant within the benefits of the Act.

Judgment affirmed.

Reference

Full Case Name: JOHN TORMEY v. E. TRUE
Cited By: 1 case
Status: Published
Syllabus: Pre-emptioner on Suscol Ranch.—One who claims the benefit of the Act of Congress, passed March 3d, 1863, granting the right of preemption to purchasers from Vallejo, of land in the Suscol Ranch, before the rejection of Vallejo’s claim thereto by the Supreme Court of the United States, must show that he purchased from Vallejo, or his assigns, and had reduced the land to possession before the time of said rejection of Vallejo’s claim. Equitable Defense in Ejectment.—The defendant in ejectment, who relies on an equitable defense, must, in his answer, set up fully the facts on which his equity rests.