Upham v. Hosking

Citations

• 2 Cal. Unrep. 134

Syllabus

<p>State Lands—Two Mile Limit—Evidence.—One attempting to defeat a patent on the ground that the land was within two miles of a town must show by affirmative evidence that at the time of the issue there was a town within the two miles.</p> <p>State Lands—Two Mile Limit—Curative Act.—In regard to lands purchased from the state prior to 1872, the objection that they were within two miles of town would, provided the requirements of law were complied with in other respects, have no force, in view of the curative act of March 27th of that year.</p> <p>Ferry Franchise—Nonuser—Forfeiture.—Under an act granting a ferry franchise and providing for forfeiture in default of the establishing of the ferry by the grantee within a time named, a failure to establish the ferry within that time would ipso facto operate as a forfeiture and need no judicial proceeding to declare the fact and effect.</p>