Rutledge v. Murphy

Citations

• 51 Cal. 388
• 1876 Cal. LEXIS 60

Syllabus

<p>Bona Fide Pbe-empiioneb.—A person who settles upon a quarter section of land within the exterior limits of a Mexican grant, a portion of which is occupied by a bona fide purchaser for value from the Mexican grantee, does not, if, upon the final survey of the grant, the land is excluded from the grant, become a bona fide pre-emptor within the meaning of the eighth section of the act of Congress of July 23, 1866, to quiet land titles in California, as against the purchaser from the Mexican grantee; and such purchaser, under the seventh section of said act, is entitled to enter the land of which he is in possession at the minimum price.</p> <p>Bight or Pbe-emption.—A person who has settled upon a quarter section of land within the exterior boundaries of a Mexican grant, prior to the confirmation and final survey of the same, does not, if, upon the final survey, the quarter section is excluded from the grant, become thereby entitled to purchase that part of the same, as a pre-emptor, which has been inclosed and cultivated by one who was a purchaser in good faith from the Mexican grantee.</p> <p>Beview of Decision or U. S. Land Oepioebs.—If the Commissioner of the General Land Office and Secretary of the Interior are correct in their decision on a question of law applicable to the facts concerning a contest about the right of a pre-emptor to purchase land, the courts will not review their findings on the facts, nor will they intervene to declare the patentee a trustee for the one who claimed the pre-emption right.</p>