McNee v. Donahue

Citations

• 76 Cal. 499
• 18 P. 438
• 1888 Cal. LEXIS 919

Syllabus

<p>Legislative Grant—Confirmatory Act—Act of 1866 “to Quiet Land Titles in the State of California”—Surveyed Lands. —The act of Congress of 1866 “to quiet land titles in the state of California” operated as a grant in prcesenti as to lands which had been surveyed under the authority of the United States at the passage of the act. It is not decided whether this applies to unsurveyed lands.</p> <p>Id.—Time of Selection—Notice from State Authorities—Certifying over by Register—Passing of Title. —The time of selection is the time of the notice from the state authorities to the register of the United States land-office under the second section of the act. If a notice was given before the passage of the act, the title passes at the date of the passage of the act; if given afterwards, the grant, like railroad grants, attaches as soon as the notice is given, and relates back to the passage of the act. The certifying over by the register does not affect the passing of the title, but is for the purpose of furnishing record evidence of the selection and identification.</p> <p>Id. — Power of the State over Lands Granted to Her by the Act of 1866—Trust. —The title to land granted by the act of 1866, as above stated, passed to the state in trust for the beneficiaries mentioned in the act, viz., those who had purchased from the state in good faith under her laws; and the state has no power to dispose of said land to other parties.</p> <p>Id.—Grant by the State in Violation of the Trust—Right of Beneficiary to Relief. — It is unnecessary to decide in this case whether a grant from the state to persons not beneficiaries under the act is absolutely void or not; if not absolutely void, the grantee takes the title in trust for those entitled under the act; if absolutely void, the patent constitutes a cloud upon the right of the beneficiary, who is entitled to relief upon that ground. Form of relief.</p>