Toland v. Mandell

Citations

• 38 Cal. 30
• 1869 Cal. LEXIS 107

Syllabus

<p>State Selections upon Unsubveyed Public Lands Confirmed.—The holders of State selections, made upon public lands not then surveyed by authority of the United States, under the Act of Congress of the 23d of July, 1866, to quiet land titles in California, have acquired the rights of a pre-emptioner upon unsurveycd public land, if their selections have been surveyed and marked off, and designated in the field, and bought, in good faith, under the laws of the State, unless, at the date of that Act, some pre-emption, homestead, or other right, under the • laws of the United States, had attached to the land, or the land was within some reservation.</p> <p>Effect of the Act of Congbess of the 23d of July, 1866, upon State Locations.—It had the effect to legalize the possession of locators upon unsurveyed lands, until they have an opportunity to present their claims for determination by the officers of the United States, as therein provided, and to enable them to maintain actions in the Courts, in relation thereto.</p> <p>Idem.—Under the Act of Congress of the 23d of July, 1866, the holder of a State location upon unsurveyed public land, bought by him in good faith, under State laws, may maintain ejectment, if ousted.</p> <p>“Land sold in Good Faith”—Meaning of.—By the words “sold to purchasers in good faith, under the laws of the State,” occurring in the Act of Congress of the 23d of July, 1866, is meant such selections as have been made according to the conditions of the State laws under which they purport to have been made, and which have been sold in a manner which would have passed the title, had it then been in the State.</p> <p>Bubden of Pboof in an Action to becoveb a State Selection.—The holder of a State selection upon unsurveyed public land, in an action to recover the possession, makes a, prima facie case by exhibiting a certificate of purchase from the State. If the land be within any of the exceptions stated in the Act of Congress, the burden of proof is up