Hall v. Dowling

Citations

• 18 Cal. 619
• 1861 Cal. LEXIS 252

Syllabus

<p>In this case—ejectment—the Court refused to disturb the verdict of the jury in favor of defendants as to the prior possession of plaintiff’s predecessors. Public land of the United States cannot be sold for taxes; and plaintiff in ejectment for such land cannot recover on a tax deed. If the tax was for improvements on the land, and if such tax was proper, then the deed should show this, and not a sale of the fee, or a taxing of the land itself.</p> <p>Plaintiff claiming that one S., his predecessor, had title to the land sued for by prescription as against the Government of Mexico, through an actual occupancy for more than ten years without being disturbed by that Government: Held, that even if prescription run against the Government, it will not avail plaintiff, because the verdict is against such a holding and claiming as to give him title by prescription.</p>