Foscalina v. Doyle

Citations

• 47 Cal. 437

Syllabus

<p>Act op Congress of 1866 Concerning Lands in California.—Under the Act of Congress of July 23d, 1866, entitled “An Act to quiet land titles in California,” the holders of State selections of unsurveyed public lands, which bad been made in good faith, under the laws of this State, and surveyed, marked off, and designated in the field before said date, acquired the rights of pre-emptioners on unsurveyed lands, unless, at the time of the passage of said Act, some pre-emption, homestead, or other right, under the laws of the United States had attached to the land, or unless it was within some of the reservations specified in the Act.</p> <p>Idem.-—Said Act of Congress had also the effect to legalize the possession of locators under the State laws upon unsurveyed public lands, and to enable them to maintain ejectment and other actions in respect to the possession, during the interval which elapsed prior to the time when they were afforded'an opportunity under the Act to present their claims for adjudication by the proper officers of the United States.</p> <p>Idem.—Under said Act of Congress, a certificate o-f purchase, issued by the State of California, was, prima facie, evidence that the land had been purchased from the State in good faith.</p> <p>Puechases op Land pbom the State peiob to 1866.—If a person prior to the passage of the Act of Congress of July 23d, 1866, had purchased from the State in good faith, unsurveyed public land, and in proper time after the passage of the Act, had made application to the proper officers of the United States to prove up his claim, and had entered into and remained in possession, the land was not subject to be pre-empted under the laws of the United States, and the person who, after the passage of the Act, entered on such land as a pre-emptor, became a trespasser, and the locator under the State could recover the land by virtue of his prior possession.</p> <p>Supplemental Answeb in Ejectment.—If the defendant in ejectment relies o