Urton v. Wilson

Citations

• 65 Cal. 11
• 2 P. 411
• 1884 Cal. LEXIS 421

Syllabus

<p>State Lands—Purchase of—Constitutional Law__An application to purchase State lands suitable for cultivation, made prior to the adoption of the new Constitution, by one not an actual settler, and who had made no payment thereon, conferred no right to purchase such lands after the adoption of the Constitution. Such application and all rights under it are made nugatory by section 3, article xvii., of the Constitution.</p> <p>Id.—Where a controversy arises before the surveyor-general of the State as to conflicting claims regarding the purchase of State lands, and is referred to the court for determination, the validity of a certificate of purchase issued to the defendant will not he adjudicated when the State is not a party to the proceeding and the plaintiff fails to show any right in himself.</p>