Fulton v. Brannan

Citations

• 88 Cal. 454
• 26 P. 506
• 1891 Cal. LEXIS 714

Syllabus

<p>Constitutional Law — State Lands — Policy of State.— The policy of the state, as declared by sections 2 and 3 of article 17 of the state constitution, is against the holding of large tracts of land uncultivated, and against selling any lands suitable for cultivation in tracts in extent exceeding 320 acres, or to other than actual settlers.</p> <p>Id. — Construction of Constitution — Lands Suitable fob. Cultivation. — The policy of the state should not be limited in its operation by a narrow construction of the constitution, hut the effect should be rather to extend than to restrict. The phrase “ lands belonging to this state which are suitable for cultivation,” as used in section 3 of article 17 of the constitution, includes all of its lands which are ready for occupation, and which, by ordinary farming processes, are fit for agricultural purposes.</p> <p>Id.—-Classification of Landssto be Sold—Power of Courts.—The courts can make no other classification of lands belonging to the state for purposes of sale than that made by the constitution, as suitable or not suitable for cultivation.</p> <p>Id. — Question of Fact. — Whether a particular tract of land is suitable or not suitable for cultivation is a question of fact.</p> <p>Id. — Swamp-land — Suitableness for Cultivation.—All swamp-lands which at the time application was made for their purchase were fit for human habitation, and by ordinary farming processes can be made suitable for cultivation, can be sold only to actual settlers, and in quantities not exceeding 320 acres.</p> <p>Id. — Estoppel of State — Test of Swamp-land Grant. — The state is not estopped from asserting that swamp-lands granted to it by the act of 1850 are fit for cultivation within the meaning of the state constitution, and is not bound to apply, as between herself and purchaser, the test found in the Arkansas act.</p> <p>Id. — Unsuitableness for Cultivation. — Swamp-lands are unsuitable for cultivation, within the meaning of section 3 of a