Greenwade v. Decamp

Citations

• 79 Cal. 1
• 21 P. 379
• 1889 Cal. LEXIS 657

Syllabus

<p>State Lands—Actual Settlement—Temporary Removal on Account of Sickness. — An actual settler upon state lands, who is compelled to seek a temporary residence elsewhere for the purpose of obtaining relief for a sick member of his family, does not thereby abandon his settlement.</p> <p>Id.—Successive Applications for Purchase—Order of Reference— Evidence of Actual Settlement.—The failure of an applicant for the purchase of state lands to bring his action to determine a contest as to the right to purchase within sixty days after the order of reference was made, as required by section 3417 of the Political Code, does not prevent him, in an action instituted under a subsequent application and order of reference, from introducing evidence of acts of actual settlement upon the land, which had been performed by him prior to the date when the sixty days expired within which he should have instituted his action under the first order of reference.</p>