Morrison Waite

“ The stipulation as to the value of the property which is found in the record cannot alter the case, for it states that the aggregate value of the two quarter sections exceeds $5,100, and the verdict fixes the value of each quarter at $3,000. ”

“ This was a suit brought by Wise, the defendant in error, against the plaintiffs in error and others, to recover the possession of section 21, township 3 N., range 8 E., Mount Diablo base and meridian, containing 630 acres of land. Tupper answered, denying that he was in possession of any part of the section except the N. E. 1/4, and to that he set up a pre-emption claim and settlement. Lenfesty made the same answer and claim as to the S. E. 1/4. There was no joint ownership or joint possession. Each defendant claimed a separate and distinct interest in a separate and distinct part of the land. ”