Sheehy v. True

Citations

• 45 Cal. 236

Syllabus

<p>Act of Congress, Called “Suscol Act.”—The Act of Congress, approved March 3d, 1863, granting the right of preemption to bona fide purchasers from Vallejo of the Suscol Pancho, or portions thereof, gave to such purchasers the mere privilege of acquiring the title from the United States; and those who failed or refused to exercise that privilege lost all right to claim the benefit of the Act.</p> <p>Equitable Defense in Ejectment.—One who was a purchaser from Vallejo, and in possession of a portion of the “Suscol Rancho ” prior to the rejection of Vallejo’s claim to the same, and who refused to join with coterminous purchasers in an application to obtain a patent under said Act, and made no effort to avail himself of the privilege granted by said Act, cannot, in ejectment brought against him by such coterminous proprietors, who had obtained a patent for the land he had thus purchased as as equitable defense, convert the plaintiffs into trustees holding the legal title for his benefit, and compel them to convey to him.</p>