Durfee v. Plaisted

Citations

• 38 Cal. 80
• 1869 Cal. LEXIS 114

Syllabus

<p>Patent.—If a patent be void on its face, or was issued without authority, or was prohibited by law; or if the Government in whose name it is issued, had no title, it may be attacked collaterally.</p> <p>Patent to the Purchasers of the Suscol Bancho.—A patent issued pursuant to the provisions of the Act of Congress granting the right of pre-emption, etc., to the purchasers of the Suscol rancho, is the record of the Government that the land was subject to entry by the patentees, and was entered by them in conformity to law; and is conclusive evidence of the regularity, as well as of the validity of the action of the officers, in confirming the title of the patentees as purchasers from Vallejo or his assigns.</p> <p>Idem:.—No one who does not connect himself with the source of title to the Suscol rancho, will be permitted to inquire whether the conditions of the statute were complied with, or whether the officers issuing the patent rightfully performed their duty.</p> <p>Statute Concerning the Suscol Bancho—Construction of.— The statute does not prohibit a purchaser of land within the limits of the City of Vallejo, situated on said rancho, from presenting his claim for, and entering such land.</p> <p>Idem.— The exception “of such lands as may be designated by the President,” contained in the proviso to the fifth section of the Act, has reference only to such designation as thereafter might be made*</p>