Yoakum v. Brower
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, County of Kern. A contest having arisen in the office of the Surveyor-General, between the plaintiff and defendant Brower and the purchasers from Baker, that officer, on the 28th of December, 1875, made an order referring the contest to said Court for trial. The defendants, other than Brower, were the heirs and purchasers from-; Baker.
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Appeal from the District Court, Sixteenth Judicial District, County of Kern. A contest having arisen in the office of the Surveyor-General, between the plaintiff and defendant Brower and the purchasers from Baker, that officer, on the 28th of December, 1875, made an order referring the contest to said Court for trial. The defendants, other than Brower, were the heirs and purchasers from-; Baker. The Court below rendered judgment that the plaintiff, Yoakum, had the right to purchase, and Brower appealed, and H. P. P. Livermore, C. E. Livermore, John H. Redington, and R. E. Houghton also took a…
1Opinion of the Court
The Act of March 27th, 1872, (Stats. 1872, p. 587) is not a curative act; it is a grant from the State. It is as follows:
“ Sec. 1. When application has been made to purchase lands from this State, and payment made in whole or in part, and a certificate of purchase or patent has been issued to the applicant, the title of the State to said lands is hereby vested in said applicant or his assigns, upon his making full payment *374therefor; providing, that no application has been made for the purchase of the same lands prior to the issuance of said certificate of purchase; provided further, that this…
2Cases cited1 opinion
- Edwards v. EstellCalifornia Supreme Court · 1874
3Cited by4 opinions
- United States v. Certain Parcels of Land SituateDistrict Court, S.D. California · 1949
- Rowell v. PerkinsCalifornia Supreme Court · 1880
- Barker v. FreemanCalifornia Supreme Court · 1890
- Muller v. CareyCalifornia Supreme Court · 1881