Read v. Caruthers

Citations

• 47 Cal. 181

Syllabus

<p>When Pee-emetionee may Attack Patent.—A defendant in ejectment, who is in possession as a pre-emptioner under the laws of the United States, may attack a patent given by the State to the plaintiff for the land as swamp and overflowed, by evidence showing that the land is not swamp and overflowed.</p> <p>Notice op Application bob a Patent.—A provision in. a State law for the sale of swamp lands, requiring the Register to publish notice oí an application for a patent, in order that adverse claimants may contest, does not require the United States to appear and contest its claim of title with the State.</p>