People ex rel. Pixley v. Stratton

Citations

• 25 Cal. 242

Syllabus

<p>Attorney-General — Piling Information.—The Attorney-General may file an information in the nature of a bill in chancery, to annul a patent for lands granted by this State to an individual, in a case where the matter involved in the suit immediately concerns the rights and interests of the State.</p> <p>Informations by Attorney-General.—An information is, in its substantive characteristics, a bill in equity, and when it concerns only the rights of the Government, or those whose rights are under the particular protection of the Government, is exhibited in the name of the Attorney-General as the informant; and in the former case a relator is sometimes, and in the latter case always, named who in reality sustains and directs the suit.</p> <p>Information to Annul Patent.—If the State has no interest in the subject matter, an information on the relation of the Attorney-General, on behalf of the State, to annul a patent cannot be sustained.</p> <p>Same.—If private citizens have an interest in the lands granted by the patent, and are threatened with injury by the patent, the information should be filed in the name of one or more of such persons, provided they are without adequate remedy at law; and in such case the relators personal complaint should be joined to and incorporated with the information.</p> <p>Same.—An information on the relation of the Attorney-General, on behalf of the State, to annul a patent which avers that the State has no interest in the lands patented, does not state facts sufficient to constitute a cause of action.</p> <p>Swamp and Overflowed Lands.—If a State issues a patent for lands as swamp and overflowed lands, and the same are high lands as contradistinguished from swamp and overflowed, no title passes to the patentee by the patent; and any person having an interest in the lands may show that fact in his defense in an action at law by the patentee to recover possession.</p> <p>Patent as Evidence.—Though a patent be in fact issued without auth