Gould v. Lanterman

Citations

• 70 Cal. 247
• 11 P. 709
• 1886 Cal. LEXIS 775

Syllabus

<p>State Lands—Application fob Purchase—Approval by Surveyor-general— Subsequent Reference of Contest for Trial.—The approval by the surveyor-general of an ex parte application for the purchase of state land, if brought about by the fraudulent representations of the applicant, who had never been an actual settler upon the land, or entitled to purchase it, does not bar a subsequent applicant of his statutory right to have the contest between him and the prior applicant referred to the proper court for adjudication.</p> <p>Id.—Order for Trial — Certificate of Surveyor-general. — Bads v. Clarke, 68 Cal. 481, affirmed to the effect that the Superior Court acquires jurisdiction of an action to determine such a contest, although the certified copy of the order for trial does not affirmatively show that the order was entered in a record-book in the office of the surveyor-general, if that officer certifies that the copy of the order is a copy of a document on file in his office.</p>