Aurrecoechea v. Bangs

Citations

• 114 U.S. 381
• 5 S. Ct. 892
• 29 L. Ed. 170
• 1885 U.S. LEXIS 1771

Syllabus

<p>Lands covered by a claim under Mexican or Spanish grants, but not iound within the limits of the final survey of the grant when made, are within the excepting clause of the act of July 23,1866,14 Stat. 218, and are restored to the public domain by the survey.</p> <p>A pre-emptor of land thus restored to the public domain, who takes the necessary steps in the land office to assert and perfect his title as such, 'before a claimant under a selection of the same lands by the State of California makes his claim, and who obtains a patent therefor, has a- legal title thereto, which is not subject to be dispossessed by any equities in the latter claimant.' .Huffv. Doyle, 93 U. S. 5S8, distinguished.</p>