Summers v. Dickinson
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County of Stanislaus. This was an action of ejectment for certain land in Stanislaus county. On the trial below, plaintiff offered in evidence a patent from the Governor of California, issued under the act of April, 1855, providing for the sale of swamp and overflowed lands.
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Appeal from the District Court of the Thirteenth Judicial District, County of Stanislaus. This was an action of ejectment for certain land in Stanislaus county. On the trial below, plaintiff offered in evidence a patent from the Governor of California, issued under the act of April, 1855, providing for the sale of swamp and overflowed lands. This evidence was rejected on the ground that no patent was shown to have issued from the United States, conveying such land to the State of California, and a judgment of nonsuit entered, from which plaintiff appealed.
1Opinion of the CourtTerry, C. J.
The points taken by appellant in Ms argument, are:
1. The State, by virtue of her sovereignty, is the owner of all the public domain within her jurisdiction, and that her title to the land in question passed to plaintiff by virtue of the patent.
2. The patent is conclusive evidence of everything it purports to contain.
The question as to the ownership of the public domain within the State is not pertinent to any issue raised by the record.
By the act of Congress “to enable Arkansas and other States to reclaim the overflowed lands within their limits,” passed September 28, 1850, all the swamp…
2Cited by15 opinions
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