Brandt v. Wheaton

Citations

• 52 Cal. 430

Syllabus

<p>Adverse Claim to Real Estate.— The complaint, in an action under sec. 738 of the Code of Civil Procedure to determine an adverse claim to real estate, is to he treated as a bill in equity.</p> <p>Verdict of Jury in Equity Case.—In a case in equity, the general verdict of a Jury is to be disregarded, and the Court must find the facts.</p> <p>Possession of Public Land.—As against a mere trespasser, one in possession of public land will be presumed to be the owner.</p> <p>Action to determine Adverse Claim to Public Land.—One in possession of public land cannot maintain an action in equity against another who is an applicant to purchase the same from the United States, and who sets up an adverse claim to it, to obtain a decree that such other has no right or title to it, and to enjoin him from setting up or asserting any title to it.</p> <p>Power of Court of Equity.—A Court of Equity will not prevent an applicant to purchase public land from the United States, from proceeding with his application, or decree that he has no right on which to base his application.</p>