Ladda v. Hawley

Citations

• 57 Cal. 51

Syllabus

<p>Public Lands—Pre-emptor—Timber.—A pre-emptor of public land, before payment, lias no right to cut the timber therefrom, unless it is cut either for the use of the navy, or to enable the pre-emptor to cultivate the land.</p> <p>Contract—Illegal Consideration.—If a pre-emptor of public land, before payment, makes a contract permitting another to cut timber from the land, lie cannot recover the price agreed to be paid, unless it be shown that the timber was cut either for the use of the navy, or to enable the pre-emptor to cultivate the land; and the subsequent acquirement by the pre-emptor of the title does not confer a right of action.</p>