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Plume v. Seward
California Supreme Court
4 Cal. 94 (1854)
Plume (plaintiff) bought a piece of land in Marysville, California, from Covillaud. Covillaud had been in possession of the land as part of a larger tract since 1849. This larger tract was bordered on one side by the Yuba River and on the opposite side by a slough, and two ditches ran between the river and the slough that marked the remaining two sides. As the city of Marysville was developed, Covillaud laid the property out into lots and streets. Covillaud continued to maintain title and exercise acts of ownership over the land as it was developed and sold lots within the tract to purchasers like Plume. Seward and Thompson (defendants) were in possession of the lot that Plume had bought from Covillaud. Plume brought an action of ejection against Seward and Thompson. The trial judge dismissed Plume’s claim. Plume appealed.
Rule of Law
Holding and Reasoning (Murray, C.J.)
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