Hays v. Steiger

Citations

• 76 Cal. 555
• 18 P. 670
• 1888 Cal. LEXIS 932

Syllabus

<p>Public Lands — Mexican Grant—Act to Quiet Land Titles—Bona Pide Purchaser —Pre-emption—Trust.—A bona fide purchaser of land lying within the exterior boundaries of a Mexican grant, and excluded therefrom upon final survey by the United States, has a preferred right to purchase the same from the United States under the act of July 26, 1866, and cannot he charged as trustee of the patent procured by him in favor of a prior pre-emption claimant of such land, or of the heirs of such claimant.</p> <p>Id. —Pleading. —Pleadings are to be construed most strongly against the pleader; and where nothing to the contrary is shown in a complaint by the heirs of a pre-emption claimant to enforce a trust against a patentee who was a bona fide purchaser from a Mexican grantor, it will be considered that the land was situated within the exterior boundaries of the grant.</p> <p>Id. —Decisions of Land Department — Pleading. —The courts cannot review the action of the land department of the United States, so far as thoir decisions are based upon questions of fact. They can only review and correct the errors of lawqgommitted by the land officers in their rulings upon the facts found by them to be true; and in order to justify such review, the facts on which the errors were based must be fully stated in the pleading.</p> <p>Id. — Secretary of Interior. — The Secretary of the Interior is at the head of the land department, and is clothed with supervisory power over all the rulings and acts of the commissioner.</p> <p>Id. — Homestead — Forfeiture — Pleading.—When it is claimed that the land department erred in deciding that a homestead claim was not forfeited by conveyance of part of the premises, the complaint must show that the fact that such conveyance was made was proved, and found to be true by the land department. If the conveyance was made before the homestead claim was filed, it is not forbidden by law. If it is not alleged how much was conveyed, or for what purpose, it will be c