Rush v. Casey

Citations

• 39 Cal. 339

Syllabus

<p>Statutory Construction.—Act of Congress.—Lands Claimed Under Mexican Grant.—Public Lands.—By Section 13 of the Act of Congress of March 3,1851, establishing the Board of Land Commissioners for the adjudicating of private land claims in the State of California, the final rejection of a claim operates, proprio vigore, to restore the land included therein to the mass of the public domain, without further action by the Land Department of the Government, and the samo becomes subject, at once, to location, or appropriation, in any manner provided by law.</p> <p>School Land Warrant.—Patent.—A patent to land obtained under the location of a school land warrant on lands reserved from entry and sale, is unauthorized by law and void.</p> <p>Idem. —If it appear that land was duly located by the State Locating Agent, for the benefit of the State, at the United States Land Office, with the consent of the Begister and Beceivcr, and that such location appears in their official books, a sufficient consent is thereby shown to the location, on the part oí the United States.</p> <p>Appeal from the Judgment and from an Order on Motion for a Hew Trial.—Practice. — On appeal from the judgment, as well as from an order-denying a new trial, the appeal from the judgment must be decided on the judgment roll alone.</p> <p>Idem.—If the express and implied findings do not warrant the judgment, the appeal from the judgment is well taken, even though the findings are not supported by the evidence.</p>