Bludworth v. Lake (No. 1.)

Citations

• 33 Cal. 255

Syllabus

<p>Grant of Land by Congress to the State.—The State, hy the Act of Congress, received a present grant of five hundred thousand acres of land, to he selected out of such lands as were open thereto, in such manner as the State hy her Legislature should direct.</p> <p>Effect of Location of Land by the State.—When the selection and location are once made pursuant to the legal directions, of lands subject thereto, the general gift of quantity to the state becomes a particular gift of the specific lands located, vesting in her a perfect title to the same, which title passes by her patent.</p> <p>Effect of Issuing and Locating State Land Warrant. — When the State issues her land warrant and receives the sum of money required to be paid therefor, she thereby sells the amount of land specified in the warrant out of the five hundred thousand acres granted by the Act of Congress, and authorizes the holder, as her agent, to locate the same upon any vacant lands belonging to the United States subject to such location. When this location is made, the locator thenceforth becomes the owner of the entire beneficial interest in the particular tract of land selected, and until the issuing of the patent the State holds the legal title in trust for the locator who has become the purchaser.</p> <p>Idem.—Where S. made a valid location of such a land warrant on a certain three hundred and twenty acre tract of land, which was subject to such location, he thereby became the owner of the entire beneficial estate therein, and thereafter the State, until a patent issued, held the legal title in trust for him.</p> <p>Effect of Conveyance of his Interest by Locator of Land Warrant.—• Where S., after such location of his warrant, and before the issue of patent from the State to him, conveyed all his right, title, and interest in the located land, he thereby not only conveyed his beneficial interest in the land, but his right to a conveyance of the legal title.</p> <p>When Patent Issued to One not