Yoakum v. Brower

Citations

• 52 Cal. 373

Syllabus

<p>County Surveyor__A County Surveyor is prohibited, by considerations of public policy, from becoming the purchaser from the State of public lands which his official duties require him to survey.</p> <p>Act of 1872 Legalizing Purchases of State Lands.—The Act of March 27th, 1872, entitled “ An Act for the relief of purchasers of State lands,” is retroactive, and legalizes purchases of State lands made by County Surveyors before its passage, provided payment had been made in whole or in part, and a certificate of purchase had been issued to the applicant before any other application had been made to purchase the same land.</p> <p>Idem.—Said act validates the certificate of purchase, but the title does not pass until full payment has been made. Whether the title passes upon payment without patent is not decided.</p> <p>Idem.—Said act does not prescribe the time within which the balance of the purchase-money must be paid, and it must, therefore, be paid as prescribed by the general law.</p>