Sherman v. Wrinkle

Citations

• 121 Cal. 503
• 53 P. 1090
• 1898 Cal. LEXIS 942

Syllabus

<p>State Lands Uncovered by Recession of Lake— Application before Survey—Metes and Bounds—Excess of Acreage.—An application made in good faith and in proper form for the purchase of six hundred and forty acres of land uncovered by the recession of an inland lake, which had not been previously surveyed or sectionized, is not vitiated by an excess of acreage in the land described in the application by metes and bounds.</p> <p>Id.—Intention of Legislature—Accurate Description not Required.—It was not the intention of the legislature to require the applicant for a proper quantity of unsurveyed lands to state the precise acreage included in a description by metes and bounds in the application; but the requirement of such a description negatives the necessity of exactitude in the matter of quantity contained therein, and requires no more than an approximate estimate thereof.</p> <p>Id. — Good Faith of Applicant—Official Survey—Ascertainment of Quantity.—Where the applicant is seeking in good faith to purchase no more land than the law allows, the law intends that the quantity which he is entitled to purchase shall be ascertained by the official survey to be made by the county surveyor under the authority of the surveyor general. The surveyor should exclude any excess from the survey, which is intended to constitute the basis for approval of the application.</p> <p>Id.—Preliminary Survey.—The law does not contemplate nor require a preliminary unofficial survey to be made by the applicant.</p> <p>Id.—Mistake in Official Survey—Remission of Excess.—A mistake of the surveyor in the official survey of the land, in including, by mistaken calculation, a small excess of land within the lines of his survey, cannot affect or defeat the right of the applicant to purchase to the limit authorized under the statute. The applicant may relinquish and abandon any claim to such excess, and in so doing, does all that he is called upon to do in the premises.</p> <p>Id.—Falsity in b Applicati