Hicks v. Whitesides

Citations

• 35 Cal. 152

Syllabus

<p>Possessory Claim upon the Public Land—Sufficiency of ¡Notice of.—Where, in an action by ¡H. against W., to recover possession of a quarter section of land, being part of the public domain, ¡H. made claim under the Possessory Act of this State, and his statutory notice whereby the claim was made, in addition to certain specified metes and bounds, described the lands as the southeast quarter of Section ¡Eight, Township Twenty-one north, of Range One east, etc., while, in fact, the demanded premises were in Township Twenty-two, instead of said Township Twenty-one: Meld, that so much of said description as attempted to identify the land by reference to the Government survey, must be disregarded, because of the error in the number of the township.</p> <p>Idem.—Where, in such cases, by the other descriptive calls of H/s said notice, by which alone his claim was designated and identified, his claim was bounded on the north by the land claims of W., which was shown to embrace the northern portion of the demanded premises, and on which for several years prior to H.’s claim W. had been settled, and had a part inclosed with fences: Meld, that U.'s claim included no part of W/s claim because bounded by it.</p>