Hollinshead v. Simms

Citations

• 51 Cal. 158

Syllabus

<p>.Constructive Trust.—If, through fraud and perjury, a person acquires the title to a tract of public land, upon which another was living, and to which such other had a pre-emption right, a constructive trust arises in favor of the party having such pre-emption right, which the law will fasten upon the conscience of the other, and such other will be compelled to convey the legal title to the pre-emptor upon being refunded the money which he would have been compelled to pay the government if he had been permitted to pre-empt the land. •</p> <p>Idem.—If, in such case, the pre-emptor uses ordinary care to find when the plat of survey is filed in the land office, he will not lose his rights for want of diligence, even if more than a year expires after the plat of survey is filed before he apiplies to file his declaratory statement.</p>