Poppe v. Athearn

Citations

• 42 Cal. 606

Syllabus

<p>Failure to File Pre-emption Claim.—One who settles on unsurveyed public land as a preemptioner, but who fails to file with the Register of the proper Land Office his declaratory statement within three months after the plat of survey of the land is filed in the Register’s office, loses his preemption claim, as against one who in the meantime has taken the necessary steps to acquire the title to the land.</p> <p>Evidence -of Filing Paper.—An indorsement on the plat of the survey of public land, that it was filed in the Land Office on a day named therein, which is not signed by any one, will, in the absence of other evidence on the subject, be taken as fixing the time of filing the plat.</p> <p>Who can Complain oe Judgment.—A party to a judgment who has not appealed will not be heard to allege errors in the Court below.</p> <p>Per RHODES, J., NILES, J., concurring:</p> <p>Making Holder oe United States Title Trustee tor Holder of State Title to Land.—One who purchases public land from the State, as a part of the five hundred thousand acres to which it became entitled by the Act of Congress of April 4th, 1841, cannot claim the benefit of a patent for the same land, issued by the United States to another person as a preemption, and make him his trustee holding the legal title.</p> <p>Regulations for Disposal of Public Lands.—The Commissioner of the General Land Office has authority to make regulations respecting the disposal of the public lands, and such regulations, when not repugnant to the Acts of Congress, have the force and effect of laws.</p> <p>Consent of United States to Entry of Land by State.—A certificate of the Register of United States lands, issued to one who applies to him to locate a State land warrant on public land, that he approves of the location by the State, is a legal and valid consent of the United States to such location, because it is prescribed by the Commissioner of the General Land Office. It is also correct to surrender to the Register th