McCabe v. Goodwin

Citations

• 106 Cal. 486
• 39 P. 941
• 1895 Cal. LEXIS 631

Syllabus

<p>Swamp and Overflowed Land—Grant to State.—The grant of swamp and overflowed lands to the several states by the act of Congress of September 28, 1850, was a grant in presentí, and operated as an immediate transfer to the state of California of all lands within its boundaries which at that date were “swamp and overflowed ” within the meaning of the act.</p> <p>Id.—Designation of Land on Township Plat.—Under the act of Congress of July 23, 1866, the representation of lands as swamp and overflowed upon an approved plat of a township was a determination by the United States that such lands were of that character, and that the title thereto vested in the state at the passage of the act of September 28, 1850.</p> <p>Id.—Sale of Land by State.—The power of the state of California to dispose of its swamp and overflowed lands ends when it has once disposed of them in pursuance of the act of April 21, 1858, and the acts amendatory thereof.</p> <p>Id.—Certificate of Purchase—Transfer of Title.—Under these acts, a certificate of purchase for swamp and overflowed lands, issued by the registrar of the land-office, is prima facie evidence of title, and vests in the purchaser the entire ownership of the lands described therein, and thereafter he can make the same disposition of such lands as could any other owner of lands, and his delay to apply for a patent from the governor does not affect his title.</p> <p>Id.—Assignment of Certificate—Corporation.—Where a certificate of purchase of such lands has been issued to a properly qualified purchaser, he may assign the same to a corporation, and thereupon it or its assignee becomes entitled to a patent; and, where such assignment was made prior to the taking effect of the constitution of 1879, the right of the corporation or its assignee to a patent is not affected by the provisions of section 3 of article XVII of that constitution, forbidding the state to grant the lands to any but “actual settlers.”</p> <p>Id.—Action to Determine Co