Van Valkenburg v. McCloud

Citations

• 21 Cal. 330

Syllabus

<p>The public lands of this State were, previous to their survey by the General Government, subject to location by the holders of school warrants issued under the Act of May 3d, 1852.</p> <p>Doll v. Meador (16 Cal. 296) affirmed upon the points that the Act of Congress of September, 1841, donating lands for internal improvements, is as to the States to be subsequently created a grant in presentí, and vests in each of them immediately upon its admission 500,000 acres of the Government lands within its boundaries, not reserved from sale, with the right to select the same in such manner as its Legislature may direct; that such selection may be made before the land is surveyed by the Government, but must be subject to change if subsequently, upon the survey being made, it be found to want conformity with the lines of such survey.</p> <p>C. being the holder of two school warrants issued under the State Act of May 3d, 1852, located with them, in November of that year, three hundred and twenty acres of public land, of which no survey had at that time been made by the General Government, took possession of the same and occupied it until 1857, when he conveyed the premises with the warrants to M., and he subsequently to the defendant, who took and lias since retained the possession. The original selection was not strictly in conformity with the lines of the subsequently made survey of the United States, but after such survey the defendant caused its boundaries to be changed so as to conform with the lines of the sectional divisions established by the survey, and deposited his warrants in the United States Land Office of the district. The plaintiff claims under a location of other school warrants made by him upon the same land after the survey by the United States. In ejectment by plaintiff to recover the land of defendant: Held, that the location by C. before the government survey was valid, and that the title of defendant should prevail.</p>