Witcher v. Conklin

Citations

• 84 Cal. 499
• 24 P. 302
• 1890 Cal. LEXIS 829

Syllabus

<p>Public Lands—Pre-emption — Payment for Land — Equitable Title — Subsequent Claim. —When a pre-emptor of public land of the United States pays for the land, and takes the receiver’s receipt, he thereby becomes the equitable owner of the land, and the government cannot thereafter sell it or hold it open to pre-emption by another, and a subsequent settlement and filing upon the land by another gives no title or right whatever.</p> <p>Certificate of Purchase— Construction of Code. —To constitute a certificate of purchase, within the meaning of section 1925 of the Code of Civil Procedure, it is not necessary that it should contain the word “certify.”</p> <p>Id.—Receiver’s Receipt — Action of Ejectment. — A receiver’s receipt for land pre-empted in a United States land-office contains the whole substance of an official certificate of purchase, and ejectment may be maintained on the title and right of possession evidenced by such certificate.</p> <p>Id. — Absence of Record in Land-office—Evidence of Pre-emption and Payment. — The absence of any record in the local land-office showing the payment of the purchase-money does not overcome the receiver’s receipt as evidence of payment. The making of such record is a matter between the officer and the government, and cannot affect the rights of the purchaser under the certificate of the receiver, which is sufficient evidence that the pre-emptor had taken all the necessary steps toward pre-empting the land.</p> <p>Id.—Assignment of Certificate — Delivery — Deed of Land.—The conveyance of the land pre-empted, and delivery of the certificate of . purchase, is sufficient evidence of an assignment of the certificate, and all rights acquired thereby.</p> <p>Findings — Failure to Find upon Issues Rendered Immaterial. — It is immaterial whether the court fails to find upon affirmative allegations of the answer which constitute no defense to the case as proved by the plaintiff and found by the court, and which could not alter the judg