San José Land & Water Co. v. San José Ranch Co.

Syllabus

<p>Although no Federal right, title or immunity was specially set up or claimed in the complaint, it is sufficient if it appears in the motion for new trial and in the assignment of error in the state Supreme Court. In this case it also appears from the opinion of the court that the question was whether the plaintiff in error had brought itself within the scope of an act of Congress upon which it relied.</p> <p>Under the rule of this court requiring opinions to be sent up with the rec- ■ ord, it is a sufficient compliance with the words “ specially set up and claimed” that the Federal question was fully considered in the opinion of the court, and ruled against the plaintiff in error.</p> <p>A party who, on complying with the provisions of an act of Congress would have the right to purchase lands, part of the public domain, but who has not complied with the requirements of the act, is not entitled, upon the mere showing of such right.to purchase, to demand that, its title be adjudged good and valid, and that another party who is in possession be adjudged to have no estate or interest in the land, or that such other person be enjoined from asserting any adverse claim, or that the claimant recover the possession of the land with the right of ousting the defendant from the improvements made thereon by its predecessors.</p>