Hastings v. Jackson
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. The complaint contained a full recital of all the proceedings in the State and United States Land Offices, and averred that defendant Jackson had sold all or the greater portion of the land to defendant Devlin, but held a mortgage on the same ' to secure the purchase money.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. The complaint contained a full recital of all the proceedings in the State and United States Land Offices, and averred that defendant Jackson had sold all or the greater portion of the land to defendant Devlin, but held a mortgage on the same ' to secure the purchase money. There was a prayer that the defendants be enjoined from setting up any claim or title to the land under or by virtue of the patent. The complaint seems to be based on the theory that the defendants held the legal title in trust for…
1Opinion of the Court
By the Court, Belcher, J.:
In June, 1853, one Isaac Thomas, being then the owner of school land warrant number one hundred and thirty-three, for three hundred and twenty acres of land, proceeded to locate his warrant upon the south half of a certain section fourteen, in conformity with the provisions of the Act of *239May 3d, 1852, to provide for the disposal of the five hundred thousand acres of land granted to this State by Act of Congress. The land was then unsurveyed public land of the United States, and the attempted location was void, and conferred no rights in the land upon the locator.…
2Cases cited3 opinions
- Megerle v. AsheCalifornia Supreme Court · 1867
- Grogan v. KnightCalifornia Supreme Court · 1865
- Hastings v. DevlinCalifornia Supreme Court · 1870
3Cited by5 opinions
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Roberts v. ColumbetCalifornia Supreme Court · 1883
- Stafford v. HornbuckleMontana Supreme Court · 1880
- People ex rel. Hastings v. JacksonCalifornia Supreme Court · 1881
- Oakley v. StuartCalifornia Supreme Court · 1878