O'Conner v. Corbitt
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The complaint in this case sets out, that plaintiff, in September, 1849, entered upon a lot of the public lands of the United States, built a house thereon, and fenced, and cultivated a portion thereof, and remained in quiet possession of the same, until Henry Hogan, a foreigner, and not a citizen of the United States, entered upon the same land, and contrary to defendant’s wishes built a house thereon.
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Appeal from the Superior Court of the City of San Francisco. The complaint in this case sets out, that plaintiff, in September, 1849, entered upon a lot of the public lands of the United States, built a house thereon, and fenced, and cultivated a portion thereof, and remained in quiet possession of the same, until Henry Hogan, a foreigner, and not a citizen of the United States, entered upon the same land, and contrary to defendant’s wishes built a house thereon. That Hogan has since died, and that ■ defendant, acting as the executor of Hogan, who never occupied the premises, has advertised…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The complainant alleges, that in September, 1849, he settled upon a tract of land, “ the same being public land of the United States,” that subsequently a foreigner, named Hogan, built a house and occupied a portion of the tract, and that now the defendant, as executor of Hogan, is offering the same for sale, and he prays an injunction and damages for the occupation.
Upon what principle his claim is based, I am at a loss to imagine. The prospective pre-emption act of Congress, of 1841, is expressly confined to the surveyed lands, and was consequently not extended to…
2Cited by5 opinions
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