Skip to main content
· 7/1/1874

Rooker v. Johnston

Citations

  • 49 Cal. 3

Syllabus

<p>Act to Legalize Defective Applications to Boy Land. — The Act of March 24, 1870, to legalize applications for the purchase of State lands, which were void by reason of a defect in the form or substance of the application, made such applications good and valid, unless there were, at the time of the passage of the Act, two or more applications for the purchase of the same land, or conflicts between claimants.</p> <p>Idem.-—Said Act deals only with applications to purchase land, and does not have the effect of offering for sale lands which were not subject to sale under the general law.</p> <p>Idem.—Neither does said Act make an application for the purchase of land which had not been offered for sale when the application was filed, good and valid.</p> <p>When State Lands may be Sold.—Lands donated to the State by Congress are not subject to sale until they have been surveyed by the United States,</p> <p>Contest ovee Bight to Ptbohase Land.—If there was an application made to purchase State land before it had been surveyed, and a second application, which was defective, to purchase after it had been surveyed and before the passage of the Curative Act of March 24, 1870, and a third application, good in form, after the passage of said Curative Act, the one who filed the second application has the right to purchase.</p>

Judges: Rhodes, Wallace

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.