Cunningham v. Crowley

Citations

• 51 Cal. 128

Syllabus

<p>Application to Bur State Lands.—An application to purchase State lands, 'made under the statute of 1863, must have been accompanied by the affidavits of three disinterested persons, stating that the applicant was a resident of this State, and that the lands were not occupied by any person except the applicant.</p> <p>Idem.—It was improper to issue a certificate of purchase under said act unless such affidavit accompanied the application to purchase.</p> <p>Contest oveb Right to Pcbchase State Land. — If a certificate of purchase of State lands is improperly issued by the Register, a subsequent applicant to buy the same land may raise a contest in the office of the Register as to the right to purchase the land, and the Register may refer it to the court for trial, and the court may annul the certificate and grant the right to purchase to the subsequent applicant.</p>