Huston v. Walker

Citations

• 47 Cal. 484

Syllabus

<p>Contract by Pre-emptor to Convey his Land.—In ejectment brought by a pre-emptor, based on the patent issued to him, the defendant cannot set up, nor will a Court of Equity enforce, an executory contract to convey the land, entered into by the plaintiff before making proof and payment as a pre-emptor.</p> <p>Idem.—An executory contract, made by a pre-emptor before proof and payment, to convey the land after he receives a patent, is null and void.</p>