Norris v. Hoyt

Citations

• 18 Cal. 217

Syllabus

<p>A nonresident alien can acquire title to real property in this State, by purchase, or other.act of the party, though not by descent or other operation of law; and may hold such property until office found—that is, until an official determination of the matter by the Government upon inquisition had for that purpose.</p> <p>Until office found, such nonresident alien can maintain ejectment. Until then no individual can question his rights or title, on the ground of alienage or non-residence, either collaterally in ejectment, or directly in'any other way.</p> <p>By the common law, aliens could not acquire real property by descent or other operation of law; and our Constitution, Art. I, Sec. 17, only removes this disability from those who are bona fide residents within the State.</p> <p>Siemssen v. Bofer, (6 Cal. 250) commented on and explained,</p> <p>Where H. and others enter into possession of land under an agreement with M. that he will pay for their improvements provided it be afterwards established that the premises belonged to him, and subsequently, M. having received a patent, upon confirmation of his grant, brings ejectment: Held, that defendants cannot set up as a defense this agreement to pay for their improvements—their remedy being a direct action on the agreement.'</p>