Dewar v. Ruiz

Citations

• 89 Cal. 385
• 26 P. 832
• 1891 Cal. LEXIS 826

Syllabus

<p>Swamp and Overflowed Land — Application to Purchase Prior to Segregation — Contest — Evidence. — An application for the purchase of swamp and overflowed land, filed prior to the segregation of the land to the state, is void, and is inadmissible in evidence in an action to determine the rights between the parties claiming the right of purchase of the land.</p> <p>Id. — Suitableness for Cultivation — Rights of Settlers—Evidence. —In an action to determine the right to purchase swamp and overflowed lands, evidence is admissible in behalf of an actual settler on the land to show that the land in contest, although granted to the state as swamp and overflowed land, and purchasable as such, had been so far changed in its character by natural causes as to have become suitable for cultivation.</p>