People v. Carrick

Citations

• 51 Cal. 325

Syllabus

<p>When Patent fob State Land is Void.—If two parties each apply to the Surveyor-General to purchase land belonging to the State, and a contest arises between them in the State Land Office as to which has the right to purchase the land, and the Surveyor-General, under the statute, orders the contest to be referred to a District Court for trial, and one of the parties brings suit in the court to obtain its judgment as to which has the best right to purchase the land, the State officers have no power to issue a patent for the land to either of the parties until the proceedings in the court have terminated, and a copy of the judgment is filed in the State Land Office.</p> <p>Idem.—A patent issued in such case, before the proceedings in the court have terminated, is void, and may be annulled at the suit of the State, even if the patentee has conveyed to an innocent purchaser.</p>