Hastings v. Jackson

Citations

• 46 Cal. 234
• 1873 Cal. LEXIS 164

Syllabus

<p>Selection of Five Hundred Thousand Acres of Land Granted to Each S.tate.—No valid selection can be made of the five hundred thousand acres of land granted to each State by the Act of Congress of September 4tb, 1841, until after the land selected has been surveyed by the proper officers of the United States.</p> <p>Idem.—No valid selection of such lands can be made except in the manner prescribed by the Legislature of the State.</p> <p>Idem.—Neither the Secretary of the Interior nor any officer of the Land Department of the General Government has authority to determine the question of the regularity or the sufficiency of the selection of such lands.</p> <p>Idem.—As between conflicting claimants to such lands, under the State, neither the Commissioner of the General Land Office nor the Secretary of the Interior has the power to decide.</p> <p>Idem.—The proper officers of the General Government must approve of the selection of such lands when made in accordance with the laws of the State, and in. such parcels and from such lands as the Act of Congress prescribes, but beyond such approval they have no power to act.</p> <p>Who Mat Not Attack Patent Made bt the State.—A person who, with a State land warrant, locates three hundred and twenty acres of land under the provisions of the Act of May ■ 3d, 1852, for the disposal of the five hundred thousand acres of land granted to the State, but whose location is void because made before the land is surveyed by the United States, bears no such relation to the land as to enable him to attack a patent made by the State for (he same land to a person who makes a subsequent location, after a survey.</p> <p>Error Which Does Not Prejudice.—A judgment will not be reversed for error in admitting testimony, if the appellant is not prejudiced thereby.</p>