Leviston v.Ryan

Citations

• 75 Cal. 293
• 17 P. 239
• 1888 Cal. LEXIS 533

Syllabus

<p>Necessity of Findings—No Evidence Introduced.—The trial court must make findings on every material issue. It is not sufficient to say that it is impossible to make the finding. If no sufficient evidence be introduced the finding should be against the party upon whom was the burden of proof.</p> <p>Patent — Public Land — Burden of Proof.—A patent for public land, not void upon its face, is prima fade valid; and the burden of showing I its invalidity is on the party attacking it. '</p> <p>Id.—Pre-emftion — Incorporated City.—The prohibition against preemption of lands in an incorporated city does not prevent their acquisition in other modes.</p> <p>Id.—Agricultural College Grant—Lands Subject to Selection.— The act of 1872 allows the selection to be made .from any lands within the state which are subject to settlement, entry, sale, or location under any laws of the United States, with certain specified exceptions. And in order to attack a patent not void upon its face, the party must show affirmatively that the land was not of any special character which would subject it to acquisition under any law of the United States.</p>