Cadierque v. Duran

Citations

• 49 Cal. 356

Syllabus

<p>Contest about Purchase of State Land. — When a contest in the Surveyor-General’s office, in relation to the right to purchase land from the State, is referred to the proper Court for determination, the parties who are applicants to purchase must each state, in his pleading, all the facts; upon which he relies, as showing his right to .become a purchaser, and the steps which he has taken to secure his right to purchase.</p> <p>Idem.—If one party merely protests against the approval of an application of another, he must state the facts constituting the ground of his opposition.</p> <p>Idem.—In such contest, an applicant to purchase, and one who protested against the approval of his application, should not be joined in the same answer.</p> <p>Idem.—In such contest, an averment in the answer of one who protested against the approval of the application, .of another, that his protest was filed under a mistake, is not equivalent to a withdrawal of the protest, and, until his protest is withdrawn, he is to be regarded as protesting.</p> <p>Idem.—A disclaimer in an answer, in such contest, cannot he regarded, if the one who disclaimed afterward answers.</p> <p>Conveyance by Applicant to Purchase State Land. — A party who has only filed an application with the Surveyor-General to purchase State land, has acquired no right in the land which he can transfer to another.</p>