104 US 770 Poppe v. Langford

104 U.S. 770

104 U.S. 770

26 L.Ed. 922


October Term, 1881

MOTION to dismiss a writ of error to the Supreme Court of the State of California.

Langford, the substituted plaintiff in an action of ejectment, against Poppe, in the District Court of the Fifth Judicial District of California, for the County of San Joaquin, recovered judgment for a tract of land in that county. The only real question involved in the case, and passed upon by the SupremeCourt of the State to which an appeal was taken, is stated in the opinion of this court.

Mr. C. T. Botts and Mr. James D. Coleman in support of the motion.

Mr. C. R. Greathouse and Mr. A. Chester, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

view counter

It is clear we have no jurisdiction in this case. All the court below decided was, that in California the title of the true owner of lands is extinguished by an adverse possession under color of right for the length of time which would be a bar to a recovery in ejectment. This is not a Federal question. All that was said about sect. 1007 of the Civil Code of California was unnecessary and not required in the determination of the cause.


Motion granted.