Mery v. Brodt

Citations

• 121 Cal. 332
• 53 P. 818
• 1898 Cal. LEXIS 905

Syllabus

<p>Trust—Mining Claim—Timber Patent—Fraub—False Testimony.—A bill in equity will lie in favor of the locators of a mining claim who had been for many years in its exclusive possession, had expended large sums .of money in developing it, and had complied with all the de-, mands of law to support a valid location of the claim, to enforce a trust against the holder of a patent obtained under the timber act, without actual notice to the mining claimants, and by false and fraudulent testimony that the land was not occupied, contained no-improvements thereon, and no indications of deposits of mineral therein, and was chiefly valuable for the timber growing thereon, whereby the officers of the government were deceived and misled and induced by belief of such false testimony to issue the patent.</p> <p>Id.—Cancellation of Patent—Privity with Source of Title.—It is a rule without exception that when the government has grounds for the cancellation of a patent theretofore issued by it, based upon imposition and fraud, an individual who is properly connected with the para-' mount source of title may bring an action to enforce a trust against the patentee and compel a conveyance from him.</p> <p>Id.—Occupancy—Right to Purchase.—A stranger or occupant without right cannot assail a patent for fraud practiced against the government; but an occupant with a right to purchase and obtain a patent, irom the government may attack a patent issued in fraud of his rights, and upon equitable terms may demand a conveyance from the patentee.</p> <p>Id.—Rights of Mining Claimants—Enforcement of Trust.—A mining claim, properly located and held in accordance with the laws of the federal government, is the property of the locators and transmissible as real estate, needing only a patent to render the title perfect; and until the patent is issued the government holds the title in trust for the locators, or their heirs or vendees; and they occupy such a status as to entitle them to control the legal