Page v. Hobbs

Citations

• 27 Cal. 483

Syllabus

<p>Entry on Inclosed Public Land to Pre-empt.—If the defendant in an action to recover the possession of land, justifies his entry upon the prior possession of the plaintiff on the ground that the land was public land, subject to the pre-emption laws of the United States, and that he entered in pursuance of said laws, with intent to pre-empt, occupy, and enter the land in accordance with the provisions of the same, it devolves on him to show that he is one of the persons entitled to the benefit of said laws.</p> <p>Bight to Pre-empt Suscol Banoho.—A declaratory statement under the preemption laws in relation to land within the boundaries of the Suscol Banoho, made by one who was not a bona fide purchaser from Vallejo, at any time between March 3d, 1863, and October loth, 1864, was of no effect. The Act of March 3d, 1863, withdrew said land from the operation of the pre-emption laws until October 15th, 1864..</p> <p>What Pre-emptioner must Prove.—One claiming to hold public lands as a preemptor, as against a prior possessor, must show that he is one of the class of persons entitled to pre-empt, and that he has performed the acts prescribed by the pre-emption laws, or the prior possession will prevail.</p>