Ramsey v. Flournoy

Citations

• 58 Cal. 260

Syllabus

<p>Swamp Land—Contest oe Eight to Purchase—Answer—Pleading.— In an action to determine conflicting claims to purchase State land upon a contest referred to the Court by the Surveyor-General, it is necessary for the defendant to show in his answer that he is entitled to purchase the land claimed by the plaintiff in order to give him a standing in Court; the mere denial of the plaintiff’s right without the allegation of facts showing a right in the defendant will not raise any contest between the defendant and plaintiff.</p> <p>Id,—Id.—Id.—Id.—In such an action where the defendant claims to be a preferred purchaser of swamp land under the Act of April 4th, 1870, on the ground of settlement prior to the survey, he must allege in his answer that the land was “occupied for the purposes of tillage or grazing,” and (if the plat has been filed) that within ninety days after the filing, he filed an application to have his possessory claim surveyed.</p> <p>Id.—Demurrer—Practice.—After a demurrer is sustained to an answer, the defendant is practically out of the case, and his objections to the subsequent proceedings can not be considered.</p>