Watriss v. Reed

Citations

• 99 Cal. 134
• 33 P. 775
• 1893 Cal. LEXIS 623

Syllabus

<p>Mextoan Grant—Purchase in Good Paith of Land Excluded from Survey— Conness Act. — One who, prior to the passage of the act of Congress of July 23, 1866, known as the Conness Act, made a purchase in good faith and for a valuable consideration of land excluded from the final survey of a Mexican grant, but which was at the time of the purchase believed to be within the grant, and who took and retained actual possession thereof, and used and improved the same according to the lines of the original purchase, became entitled to the benefit of the right of purchase from the government conferred by that act.</p> <p>Id.—Relation—Disturbance of Possession—Homestead Claim.—The claim of such purchaser related to the date of the act, and was not affected by a subsequent disturbance of the actual possession by the settlement of a homestead claimant, with whom a contest was made in the land-office over the right to purchase the land, and the application by such purchaser for a patent properly prevailed over the homestead claim.</p> <p>Id.—Actual Possession— Grazing Land. — To constitute actual possession of land it is not necessary that there should be an enclosure, and where it appeared that land purchased was best adapted and was used for grazing purposes, and was fenced on two sides, and that the purchaser was put in possession of the tract claimed by his grantor, and paid taxes thereon, and such possession was respected by all persons until the adverse settlement made by the home-dead claimant, the actual possession of the purchaser is sufficient to support that right of purchase under the Conness Act.</p>