Rosecrans v. Douglass

Citations

• 52 Cal. 213

Syllabus

<p>Ltr.tr Land — Thirty-Sixth Section. — A thirty-sixth section of public land is not lost to the State, so that lieu land can be taken therefor, from the fact that it is included within the limits of a confirmed Mexican grant, until there has been a final survey of the grant.</p> <p>Iustino Land over to a State. — The listing over of land to the State by the Commissioner of the General Land Office as lieu land, taken by the State in place of a thirty-sixth section included within the boundaries of a confirmed Mexican grant, is void, and confers no title on the State, if such grant has not been finally surveyed when the land is listed over.</p> <p>Idem.—Such selection of lieu land by the State is void as between the State and the Federal Government, and the State has no title which it can convey by patent.</p> <p>Attack toon a Patent eob Land.—One who is a qualified pre-emptor, and is living on public land, and has filed his application to purchase, and has offered to prove up his claim, and has tendered the purchase-money, has such a privity with the title of the United States as will enable him, in an action at law, to attack a patent for the same which is void as having been issued without authority of law, but is not void on its face.</p>