Cunningham v. Shanklin

Citations

• 60 Cal. 118
• 1882 Cal. LEXIS 417

Syllabus

<p>State Lands—Contest—Jurisdiction—Surveyor General—Application to Purchase under Amendatory Act of April —, 1870— Judgment.—After judgment has been entered in an action upon a reference of a contest by the Surveyor General to determine the right of contestants to purchase State lands, it is the duty of the Surveyor-General to obey the judgment, and mandamus will lie to compel him. So held in a case where the jurisdiction of the District Court was called in question, on the ground that the amendatory Act of April, 1870—under which the plaintiff’s application was made—was void.</p> <p>Id.—Id.—Id.—Id.—Estoppel.—In such case the State and its officers are . estopped from selling the same land to an applicant who filed his claim pending the action or subsequent thereto; and the reception and filing of such an application does not create such a contest as to authorize a reference to the Court under Section 3314, Political Code.</p>