Conlan v. Quinby

Citations

• 51 Cal. 412
• 1876 Cal. LEXIS 63

Syllabus

<p>Evidence in Ejectment.—If the plaintiff in ejectment relies, to recover, only on the fact that the Secretary of the Interior awarded him the land as a pre-emptor in a contest with the defendant, and that he paid for the laud and obtained the receipt of the receiver of the local land office, and that he had cultivated and improved a part of the land, the defendant may prove that w'hen the plaintiff entered on the land, a large portion of it was, and ever since has been, in the adverse possession of the defendant or his grantors.</p> <p>Bights of a Pee-emptoe.—In a pre-emption contest before the land department of the United States, a decision in favor of one of the claimants does not invest him with the legal title prior to the issuing of the patent.</p>