Sutton v. Fassett

Citations

• 51 Cal. 12

Syllabus

<p>Plaintiff in Ejectment must Show Title.—If the title to a subdivision of public land, in this State passed to the State by virtue of the act of July 23,1866, entitled * ‘ An Act to quiet land titles in California, ’ ’ then a patent afterwards issued for the same by the United States is void, and one in possession need not deraign title from the State in order to defend his possession, in an action of ejectment brought by the patentee.</p> <p>Act of Congbess to Quiet Land Titles in Califobnia.—The first section of the act of Congress of July 23, 1866, to quiet land titles in California, does not relate to lands which had been segregated by the State as swamp and overflowed.</p> <p>Idem. — Lands, not swamp or overflowed, which had been surveyed by the United States prior to the act of Congress of July 23, 1866, and which were segregated as swamp and overflowed by the State by surveys conforming to those of the United States, did not pass to this State by virtue of said act of Congress, unless the State surveys made by the county surveyor were approved by the Surveyor-General of this State prior to the passage of said act.</p> <p>Idem.—The certifying of lands to this State to which said act did not apply, did not transfer the title under said act.</p>