United Land Ass'n v. Knight

Citations

• 3 Cal. Unrep. 211
• 23 P. 267

Syllabus

<p>Public Lands—Patents—Authority of Land Office.—Act of Congress of 1864, -section 7 (13 IT. S. Stats, at Large, 334), provides that “it shall be the duty of the surveyor general of California, in making surveys of private land claims finally confirmed, to follow the decree of confirmation as closely as practicable, whenever such decree designates the specific boundaries of the claim; but when such decree designates only the outboundaries within which the quantity confirmed is to be taken, the location shall be made as near as practicable in one tract, and in a compact form, .... and it shall be the duty of the commissioner of the general land office to require a substantial compliance with the directions of this section before approving any plat and survey forwarded to him.” Act of Congress of 1851, section 13 (9 IT. S. Stats, at Large, 631), provides that “the patent shall issue to the claimant on his presenting to the general land officé an authentic certificate of confirmation, and a plat or survey of said land duly certified and approved by the surveyor general, whose duty it shall be to cause all private land claims which shall be finally confirmed to be accurately surveyed and furnish plats of the same.” The decree confirming defendant’s land claim described the land as “a tract situated within the county of San Francisco, and embracing so much of the extreme upper portion of the peninsula above ordinary high-water mark, .... on which the city of San Francisco is situated, as will contain an area of foiir square leagues. Said tract being bounded on the north and east by the bay of San Francisco, on the west by the Pacific ocean, and on the south by a due east and west line drawn so as to include the area aforesaid.” The survey made under this decree included by metes and bounds land below the line of ordinary high tide. The patent following the survey described the lands by metes and bounds, but recited the decree of confirmation. Held, in ejectment for' the