Rourke v. McNally

Citations

• 98 Cal. 291
• 33 P. 62
• 1893 Cal. LEXIS 910

Syllabus

<p>Ejectment—Prior Possession of Public Land—Entry by Homestead Claimant. — One who was in the prior actual possession of public land open to settlement, under the forfeiture act of Congress of September 28, 1890, may maintain ejectment against a person who made a peaceable entry upon such actual possession, intending to occupy the land as a homestead, but who is not otherwise connected with the government title.</p> <p>Id.—Unauthorized Entry upon Actual Possession—Laws of United States. —The laws of the United States do not authorize an entry upon public land in the actual possession of another, for the purpose of making a settlement, though made by one qualified to purchase from the government or to acquire a homestead, and made with intent to acquire the title in some lawful mode.</p>