California Supreme Court, 1873

Duncan v. Gardner

Duncan v. Gardner
California Supreme Court · Decided July 1, 1873
46 Cal. 24

Duncan v. Gardner

Opinion of the Court

By the Court:

The petitioner is not entitled to the patent, under section thirty-five hundred and nineteen of the Political Code, because there is no offer to surrender the certificate of purchase; nor is he entitled, under section two of the Act of March 27th, 1872, because he has not produced the Sheriff’s deed to the whole of the tract originally purchased by Miller.

Application for the writ denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.