Chant v. Reynolds

Citations

• 49 Cal. 213

Syllabus

<p>When Landlord Bound by Judgment against Tenant—A landlord is not bound by a judgment in ejectment against his tenant, unless he had notice of the pendency of the action, and an opportunity to defend in the name of the tenant.</p> <p>Former Judgment as a Bar.—The heir of the intestate is not hound by a judgment in ejectment against a tenant of the administrator, if the administrator is not hound by it.</p> <p>Idem.—If a homestead claimant on public land dies before obtaining a patent, and his heir, after his death, performs the conditions and obtains a . patent, his right of action in ejectment, founded on the patent, cannot - he defeated by a judgment in ejectment, for the same land, rendered against the administrator of the estate, before the patent was issued, to which judgment he was not a party.</p> <p>State Selection of Public Land.—A State selection of land granted by Congress, made before it is surveyed by the United States, is invalid.</p> <p>Idem.—Selections made by the State, of land granted by Congress, which are invalid when made, do not become the property of the State under the Act of Congress of July 23, 1866, entitled “an Act to quiet land titles in California,” until the land has been certified over to the State by the Commissioner of the General Land Office.</p> <p>Who may Attack a Patent.—A party who was a homestead claimant of public land, and, as such claimant, received a patent for it from the United States, is in such privity with the paramount source of title as enables him to attack a patent for it issued to another person by the State, as land selected in part satisfaction of a Congressional grant.</p> <p>Recitation in Patent as Evidence.—The recitation in a patent issued by the United States to one as heir of a homestead claimant, that such person is the heir of the homestead claimant and has performed the necessary conditions to perfect the homestead claim, is sufficient proof of the facts recited, in an action of ejectment brought by