Young v. Shinn

Citations

• 48 Cal. 26

Syllabus

<p>' Cebtletoate of Pubchase of State Lands.—The Act of March 28, 1868, which provides that State certificates of purchase of land shall be received as prima faeie evidence of title, applies to all certificates of purchase issued after the Act took effect, whether issued upon a location made before or after the passage of the Act.</p> <p>Idem.—A certificate of purchase of land, issued by the Register of State Lands before the land has been surveyed by the United States, is void. Contest to Pubchase Public Land.—When two parties have each an equal right to acquire public land, the one by location and purchase from the State, and the other by locating as a homestead under the laws of the United States, the party who first commences his proceedings to acquire the title has the better right.</p> <p>Ejectment on State Cebtificate of Pubchase.—The holder of -a State certificate of purchase of public land, listed over to the State, can recover in ejectment, as against one x.'ho filed a homestead claim on the same in the United States Land Office, after the holder of the certificate located it.</p>