Summers v. Dickinson

Citations

• 9 Cal. 554

Syllabus

<p>Immediately upon the passage of the act of Congress of September 28, 1850, this State became the owner, with absolute power of disposition, of all the swamp lands within her limits which had not been disposed of.</p> <p>The title of the State in no way depends upon a patent. The act itself operated as a conveyance.</p> <p>The Governor in issuing a patent to an individual, of such lands, acts as the agent of the State, under powers conferred by statute, and his authority extends only to such lands as were granted to the State by the act of Congress.</p> <p>A patent from the Governor, purporting to convey the lands of the State, can have no validity unless expressly authorized by law.</p> <p>Suoh a patent is prima facie evidence of title in the grantee, as the law presumes in favor of the acts of all public officers.</p>