McFaul v. Pfankuch

Citations

• 98 Cal. 400
• 33 P. 397
• 1893 Cal. LEXIS 933

Syllabus

<p>School Lands—Contest of Applicant against Holdeb of Cebtifioate of Pub-chase—Statute of Limitations.—An applicant for the purchase of school lands is entitled, upon an order of the surveyor-general, referring his contest to the superior court, to maintain an action for the determination of his right to purchase such land, as against one to whom a certificate of purchase has been issued, if the state is not barred by the statute of limitations from cancelling the certificate of purchase upon sufficient grounds, and no other statute of limitations is applicable to such a contest, if no patent has issued under the certificate.</p> <p>Id__State not a Necessary Party—Jurisdiction of Superior Court—Order of Surveyob-Genebal in Nature of Interpleader.—The state is not a necessary party to an action to determine whether the holder of the certificate of purchase was not entitled to purchase; but the order of the surveyor-general referring the rights of 'the parties to the superior court upon a proper contest, without which that court has no jurisdiction to act, is in the nature of a bill of interpleader and binds the state by the result of the action.</p> <p>Id.—Priority of Contestant with State—Right of Contest Statutory— Certificate of Purchaser not Conclusive. — The right of an applicant to purchase school lands to contest the right of a holder of a certificate of purchase is statutory, and it is immaterial whether he has any priority with the state, which is the paramount source of title: nor is he concluded by the certificate of purchase in such a contest, although the certificate is made jprima facie evidence of title in a collateral proceeding as against an intruder.</p> <p>Id.—Fraud of Pubohaseb—Injury to Contestant Immaterial__Whether the fraud of the holder of the certificate of purchase, in obtaining the certificate, is an injury to a subsequent applicant or not cannot affect his statutory right to contest the certificate.</p> <p>Id.— Retubn of Pubohase-money n