Keeran v. Allen

Citations

• 33 Cal. 542

Syllabus

<p>Federal Homestead Act.—If a State has sold land as swamp and overflowed to one person, and the same is claimed as a homestead under the Federal Homestead Act by another, the land, if not swamp and overflowed, is not taken out of the operation of the Homestead Law by the Acts of Congress for the relief of purchasers and locators of swamp and overflowed lands, passed March 2d, 1855, and to confirm to the several States the swamp and overflowed lands, approved March 7th, 1857.</p> <p>Homestead and Pre-Emption Claimants.—The rights of claimants under the pre-emption and homestéad laws of the United States are not affected by the Act of Congress of July 23d, 1866, entitled “ An Act to quiet land titles in California.”</p> <p>What is Swamp and Overflowed Land.—If land subject to overflow was, September 28th, 1850, such that annually, after the subsidence of the water, a crop of either wheat, rye, barley, oats, corn, buckwheat, peas or beans could be raised on it, it was not swamp and overflowed within the meaning of the Act devoting such land to the States.</p> <p>Proof that Land is Swamp and Overflowed.—In trying the issue whether land is swamp or overflowed, if the same has not been cultivated, evidence may be introduced to show that crops may be raised on land in the neighborhood similarly situated.</p> <p>Evidence. Improperly Admitted. — The appellant cannot-avail himself of the point that testimony was improperly admitted, unless he objected to it below and excepts.</p> <p>Patent as Evidence.—A patent from the State for land sold as swamp and overflowed is not prima facie evidence that the land is such, as against one claiming under the General Government.</p> <p>When Court will not Review Evidence.—When there has been no motion for a new trial, the appellate Court will not review the case upon the evidence.</p>