Irvine v. Tarbat

Citations

• 105 Cal. 237
• 38 P. 896
• 1894 Cal. LEXIS 1143

Syllabus

<p>Ejectment—Statute of Limitations—Patent of United States.—Where the plaintiff, in an action of ejectment, claims under a valid patent of the United States, issued within six months prior to the commencement of the action, a plea of the statute of limitations cannot prevail.</p> <p>Id.—Conclusiveness of Patent—Authority of Land-office—Questions of Pact—Townsite—Place of Trade or Business.—A patent of the United States for land, which the land department has, under the statute, authority to convey, depending upon the existence of particular facts which it is the duty of the laud department to ascertain, is conclusive of the existence of the authority, upon collateral attack, and when the patent is issued upon a pre-emption or homestead claim, it is conclusive evidence that the land in question was open to pre-emption and homestead, and that there was no townsite thereon, or settlement for trade or business, these being questions of fact which the land department has the right to determine preliminary to granting a patent for the land.</p> <p>Id.—Evidence—Proceedings in Land-office.—The proceedings in the land department are not admissible, in an action of ejectment, for the purpose of assailing the patent upon which the plaintiff relies for recovery.</p>