Berry v. Cammet

Citations

• 44 Cal. 347

Syllabus

<p>Controversies Concerning Purchase of Lands.—The judicial department of the State has no jurisdiction of controversies arising between applicants for the purchase of State lands, except in cases where such jurisdiction is expressly conferred by statute.</p> <p>Complaint in Contest for Purchase of Lands.—When a controversy between applicants for the purchase of State lands is referred to the Courts for decision, the complaint in the action must state, not only that the parties are contesting claimants for the purchase of the land, but also all the facts conferring jurisdiction on the Court, such as the proceedings before the Surveyor General, and the order made by him referring it to the Courts.</p> <p>Sale of Lieu Lands.—Lieu lands cannot be sold by the State officers until the selection of them by the State has been approved by the Begister of the proper Land Office.</p> <p>Suit Concerning Bight to Buy Lieu Lands.—A suit concerning the right to purchase lieu lands cannot be commenced in the Courts until the Surveyor General has made an application to the Begister of the proper Land Office to have the land accepted in part satisfaction of the grant under which it is sought to locate them.</p> <p>Complaint in Suit Concerning Lieu Lands.—A complaint in an action between contesting applicants to buy lieu lands must aver that the Surveyor General has made application to the ¡Register to have the land accepted in part satisfaction of the grant under which it is sought to locate them.</p>