Rogers v. Shannon

Citations

• 52 Cal. 99

Syllabus

<p>Application to Purchase a Portion op a Thirty-sixth Section—What it need not State.—Action arising out of a contest certified to the District Court, by the Surveyor-General of the State, involving the right of the parties respectively to purchase a portion of a thirty-sixth section, under the Act of 1868, as amended in 1870. There being no allegation in the complaint that at the time of defendants’ application the township and other lines had not been established, so as to clearly show that the land sought to be purchased was included in a thirty-sixth section—said application being assailed solely on the ground of its failure to state that there has not been for more than sixty days, and is not any occupation of the land adverse to that of the applicant, and that the township has been sectionized for three months and over: held, that for the particular reasons assigned in the complaint defendants’ application is not invalid.</p> <p>Requisites op Application under Amended Act. — Under the amendatory Act of April 4th, 1870, (Statutes 1869-70, p. 875) an application to purchase a portion of a thirty-sixth section will be valid, if it appear that at the time it is made the township and other lines have been established, so as to clearly show that the land sought to be purchased is included in a thirty-sixth section; and if the applicant in his affidavit shall state that there is no legal claim to the land other than his own, and that the land is not occupied by any bona fide settler.</p> <p>Idem.—The Surveyor-General may approve such location of land within a. thirty-sixty section without the acceptance of the Register of the U. S. Laud Office, and the Register of the State Land Office may issue a certificate of purchase for the land so located; but no patent shall be issued by the State until the location shall have been approved by the United States.</p> <p>Pleading and Rule of Consteuction.—It is presumed that the pleader states his case as favorably for his side