Athearn v. Poppe

Citations

• 25 Cal. 631
• 1864 Cal. LEXIS 80

Syllabus

<p>Writ of Error to the Supreme Court of the United States.—A writ of error does not lie to the Supreme Court of the United States from the judgment of the Supreme Court of this State, by which judgment it is decided that where a State School land warrant is located upon lands previously occupied and settled upon hy another, and pre-empted by him, under the laws of the United States, the patent issued by the State under the location is void, and the patentee cannot maintain an action against the pre-emptioner to recover possession of the same.</p> <p>Same.—The construction of an Act of Congress was not necessary in rendering such judgment, but the State law under which the warrant was located afforded a rule for the complete determination of the rights of the party who made the location.</p>