Thomas v. Lawlor

Citations

• 53 Cal. 405

Syllabus

<p>Equitable Title to State Lands.—A person who purchased land from the State, and whose application to purchase contains false statements as to the occupation of the land and the improvements thereon, and an adverse claim of title thereto, will not on that ground he held, in equity, to have taken the title in trust for the person who was then in possession of the land and had improvements thereon, claiming title under a Mexican grant, hut who did not make application to purchase from the State, hut applied, under the Act of Congress of July 23rd, 1866, to purchase the land from the United States.</p> <p>Ejectment—with Equitable Defense.—In an action of ejectment, after the equitable defense is dismissed, the Court should proceed to the trial of the issues at law.</p>