Turner v. Donnelly

Citations

• 70 Cal. 597
• 12 P. 469
• 1886 Cal. LEXIS 854

Syllabus

<p>Public Lands — Settlers upon Unsurveyed—Agreement for Conveyance when Void. — An agreement between settlers upon unsurveyed public lands of the United States to the effect that, after their respective lands should be surveyed and patents obtained therefor, each would convey to the other such land embraced in the patent to him as was in the possession of the other at the time of the agreement, is void under section 2263 of the United States Revised Statutes, unless the parties are settlers and have their improvements upon the same legal subdivision.</p> <p>Id.—Conclusiveness of Patent—False Oath of Applicant to Preempt. — A patent for public lands of the United States issued to a pre- . emptor cannot be collaterally attacked on account of the false oath of the patentee in making his application to pre-empt the land.</p>