Millidge v. Hyde
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County. The action was brought to enforce the plaintiff’s application to purchase certain indemnity or lieu lands of the State. The complaint showed that plaintiff’s affidavit accompanying his application to purchase was such as is required by section 3495 of the Political Code, for the purchase of a part of a sixteenth or thirty-sixth section.
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Appeal from a judgment of the Superior Court of Fresno County. The action was brought to enforce the plaintiff’s application to purchase certain indemnity or lieu lands of the State. The complaint showed that plaintiff’s affidavit accompanying his application to purchase was such as is required by section 3495 of the Political Code, for the purchase of a part of a sixteenth or thirty-sixth section. It failed to state as required by section 3500 of such Code, that “ there is no valid claim to such land other than that of the applicant; that he has not entered any land in part satisfaction of…
1Opinion of the CourtMcKinstry, J.
The demurrer to the complaint was properly sustained. The land which the plaintiff claims the right to purchase from the State is the northwest quarter of section 30, in township 15 south, etc, Section 3494 of the Political Code reads:—
“ The unsold portion of the 500,000 acres granted to the State for school purposes, the sixteenth and thirty-sixth sections, and lands selected in lieu thereof) must be sold at the rate of one dollar and twenty-five cents ($1.25) per acre, in gold coin, payable 20 per cent of the principal within fifty days from the date of the certificate of location issued to…
2Cases cited3 opinions
- Woods v. SawtelleCalifornia Supreme Court · 1873
- Hildebrand v. StewartCalifornia Supreme Court · 1871
- Botsford v. HowellCalifornia Supreme Court · 1877
3Cited by5 opinions
- McKenzie v. BrandonCalifornia Supreme Court · 1886
- Perri v. BeaumontCalifornia Supreme Court · 1891
- McEntee v. CookCalifornia Supreme Court · 1888
- Reese v. ThorburnCalifornia Supreme Court · 1889
- Barbree v. KingsburyCalifornia Court of Appeal · 1911