Abstract

http://ssrn.com/abstract=1594226
 


 



How the Border Crossed Us: Filling the Gap between Plume v. Seward and the Dispossession of Mexican Landowners in California after 1848


Kim D. Chanbonpin


The John Marshall Law School

2005

Cleveland State Law Review, Vol. 52, No. 297, 2005

Abstract:     
In 1854, the California Supreme Court concluded that although neither party to an ejectment suit could claim to be the true owner, the plaintiff, who could trace his ownership to a prior possessor, had a stronger claim than the defendant, who was in actual possession of the land. Taught to many first-year law students, Plume v. Seward is meant to illustrate the basic rule that when no legal title exists, property rights of first possessors trump the rights of those currently occupying the land. When examined in a full historical context, however, the Plume decision is evidence of the uneven treatment of California landowners based solely on race.

Number of Pages in PDF File: 24

Keywords: reparations, race-based discrimination, property, Treaty of Guadalupe Hidalgo

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Date posted: April 27, 2010  

Suggested Citation

Chanbonpin, Kim D., How the Border Crossed Us: Filling the Gap between Plume v. Seward and the Dispossession of Mexican Landowners in California after 1848 (2005). Cleveland State Law Review, Vol. 52, No. 297, 2005. Available at SSRN: http://ssrn.com/abstract=1594226

Contact Information

Kim D. Chanbonpin (Contact Author)
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
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