Higgins v. Houghton

Citations

• 25 Cal. 252

Syllabus

<p>Mineral Lands.—Mineral lands are not excepted from the operation of the grant of the sixteenth and thirty-sixth sections in each township, made to California for school purposes by the Act of Congress of March 3, 1853.</p> <p>Sixteenth and Thirty-Sixth Sections.—By the Act of Congress granting to California the sixteenth and thirty-sixth sections in each township, the State became the owner of said sections, with the right reserved in the General Government of locating the same; and as fast as townships are surveyed and sectionized the State becomes the owner of said sections absolutely, not only as to quantity but as to position also.</p> <p>Same.—The title of the State to said sections does not depend in any manner upon the action or non-action of the officers of the General Government, in approving of selections or sales of the same made by the State. *</p> <p>Patents for Sixteenth and Thirty-Sixth Sections.—The fact that sections sixteen and thirty-six contain mines of the precious metals does not prevent the State from selling the same and issuing patents therefor to the purchaser. The State may, however, by the passage of laws to that effect, prohibit the sale of such lands or the issuance of patents for the same.</p> <p>Certificates of Purchase of School Lands.—Persons who hold certificates of purchase from the State for the sixteenth or thirty-sixth sections, or portions thereof, hold the land as the State held it before the certificate was issued, subject to the right of miners to enter upon and work it for mining purposes.</p> <p>Patents for School Lands.—Query: Does the patentee of the State, for any part of the sixteenth or thirty-sixth sections, hold the same subject to the right of miners to enter upon and work the same for mining purposes ?</p>