Green v. Hayes

Citations

• 70 Cal. 276
• 11 P. 716
• 1886 Cal. LEXIS 780

Syllabus

<p>Indemnity School Lands—Defective Selections—Confirmation to State—Previous Settlement—Good Faith of Settler—Decision of Interior Department.—Under the act of Congress of March 1, 1877, confirming to the state the title to indemnity school lands the selections of which were defective or invalid, but excepting from the confirmation lands on which a bona fide pre-emption or homestead settlement had been made previous to the certification to the state, the question of the bona fides of such a previous settlement is one of fact, or of mixed law and fact, and the decision of the department of the interior thereon in a case involving the question is final.</p> <p>Id. —Patentee from State—Action to Quiet Title against—Allegations of Fraud. —In an action by an alleged pre-emptor of such land, claiming title under a previous settlement, to quiet his title, as against a patentee from the state, and to have the title of the latter declared void on the ground that his application to purchase the land from the state was fraudulent, the facts constituting the fraud must be specifically alleged in the complaint.</p> <p>Id.—Defective Application to Purchase—Impeachment of Patent — State Title. — In such an action, the plaintiff cannot question the validity of the patent to the defendant on the ground that his application to purchase was defective or irregular; because he is not seeking to obtain the title of the state.</p>