Burdge v. Smith

Citations

• 14 Cal. 380

Syllabus

<p>Neither the Act of 1858 as to the location of seminary land, nor the Act of Congress donating it, allows mineral land to be located.</p> <p>The presumption under our statute is, that all land in the State is public land, until the legal title is shown to have passed from the government to private parties.</p> <p>This presumption is reconcilable with the presumption of title arising from possession.</p> <p>The possession of agricultural land is prima faeie proof of title against a trespasser; but where it is shown, that the party goes on mineral land to mine, there is no presumption that he is a trespasser; and the statutory presumption, that it is public land, in the absence of proof of title in the person claiming it as agricultural land, applies.</p> <p>How far the right of miners to go upon public mineral land, in possession of another, for the purpose of mining, must be modified to secure any rights of such possessor, reserved.</p>