Merrill v. Clark

Citations

• 103 Cal. 367
• 37 P. 238
• 1894 Cal. LEXIS 779

Syllabus

<p>Pre-emption—Transfer by Pre-emptor After Proof and Payment.— Although a pre-emptor cannot transfer the right of pre-emption before final proof and payment for the land, he may, after final proof and payment of the purchase price, make a valid transfer of all of his rights.</p> <p>Id,—Subsequent Issuance of Certificate and Payment.—After the. pre-emptor has paid the purchase price and made his final proof, the law demands no further act from him, and it is the duty of the government to issue a certificate of purchase and the patent based thereon; and the fact that the transfer of his rights is made before the issuance of his certificate of purchase will not invalidate the transfer.</p> <p>Id.—Bargain and Sale Deed From Husband to Wife—After-acquired Title.—Where a husband, as a pre-emptor of land, executed and delivered to his wife a bargain and sale deed of the land, after final proof and payment for the land, and before the issuance of a certificate of purchase, such deed conveys all after-acquired title, including the right acquired by the certificate of purchase, and the perfect title acquired by the issuance of the patent, as against a subsequent transfer from the husband to another person made after patent obtained.</p> <p>Id.—Findings—Omission—Statute of Limitations Pleaded by Respondent.—The failure of the court to find upon a plea of the statute of limitations set up by the respondent is entirely immaterial to the appellant.</p>