Oakley v. Stuart
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Santa Barbara. The Intervener, Isaac Miller, appeals. The action was brought to decide a contest between adverse applicants in the Surveyor-General’s Office to purchase the same tract of school land included in a sixteenth section. Oakley sues to have his application for the land approved, and to have the certificates of purchase to Stuart and Linebaugh declared null and void.
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Appeal from the District Court of the First Judicial District, County of Santa Barbara. The Intervener, Isaac Miller, appeals. The action was brought to decide a contest between adverse applicants in the Surveyor-General’s Office to purchase the same tract of school land included in a sixteenth section. Oakley sues to have his application for the land approved, and to have the certificates of purchase to Stuart and Linebaugh declared null and void. Miller intervenes, setting up his transfers from Stuart and Linebaugh, and praying that Oakley’s application be declared null, and that patent be…
1Opinion of the Court
The main questions at issue in this case are:
1st. When are lands of the United States surveyed and. treated as surveyed by the United States ?
2nd. Under the laws of the State of California, when are-proper applications to purchase lands of the sixteenth and thirty-sixth sections of the State, legally filed in the office of the State Surveyor-General?
As to the first question, subdivision of sec. 2398 of the Revised Statutes prescribes five requisites of a valid survey, as. follows:
1st. A survey in the field by the proper officer.
2nd. An approval of the survey by the Surveyor-General.
3rd. The…
2Cases cited16 opinions
- Cooper v. RobertsSupreme Court of the United States · 1856
- Gaines v. NicholsonSupreme Court of the United States · 1850
- Lessieur v. PriceSupreme Court of the United States · 1851
- Middleton v. LowCalifornia Supreme Court · 1866
- Megerle v. AsheCalifornia Supreme Court · 1867
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