Crowell v. Lanfranco

Citations

• 42 Cal. 654

Syllabus

<p>Possessory Act—Porcible Driving Off of Intended Settler.— Where a person, with intention to take up a tract of public land under the Possessory Act (Stats. 1852, p. 158), filed his affidavit of location, and within ninety days thereafter hauled lumber upon the ground for a house; and such lumber was removed during the night; and on his attempting to replace it next day he was driven off with threats of violence by a band of armed men : held, that he had acquired no rights under the Possessory Act which would enable him to maintain ejectment against those who drove him off.</p> <p>Requirements of Possessory Act Conditions Precedent.—The possessory statute (Stats. 1852, p. 158), confers no right, such as will maintain ejectment, upon a settler, until all the acts required by it shall have been performed; and it does not affect the question that he has been prevented by force or otherwise from making his intended improvements.</p>