Hildebrand v. Stewart

Citations

• 41 Cal. 387

Syllabus

<p>Location op Sixteenth or Thiett-sixth Section.—A location and entry of any portion of a sixteenth or thirty-sixth section, made under the Act of April 27th, 1863, is invalid, and fails to vest any title in the locator, provided there was a settlement, by occupation or improvement, on any part of the section, owned by another, who had acquired no preemption right to a specific part of the section, and the locating agent did not give the occupant or claimant of such improvement the notice of sixty days required by the fifth section of said Act.</p> <p>Idem.—A house and corral are improvements of the character contemplated by the fifth section of the Act of April 27th, 1863, providing for the sale of certain lands belonging to the State.</p> <p>Idem.—The location and entry of any portion of a sixteenth or thirty-sixth section is invalid, if the affidavit of the locator, on his application to locate and purchase, does not state that he is desirous to purchase the land, and does not give a description thereof by legal subdivisions. A statement, signed by the applicant and not sworn to, containing the same matters required in the affidavit, and accompanying the affidavit, does not render the entry valid.</p> <p>Bioht to Purchase Public Lands.—When the law, under which public lands are sold, requires certain acts to be performed as a prerequisite to the 0 right to purchase, the Courts cannot dispense with the performance of those acts, by legalizing an entry made without complying with them.</p>