Van Valkenburg v. McCloud
California Supreme Court
Appeal from the Fifth Judicial District, This is an action of ejectment to recover three hundred and twenty acres of land in San Joaquin County. Both parties claim under the State of California, under locations made with warrants issued under the Act of 1852, commonly called School Land Warrants.
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Appeal from the Fifth Judicial District, This is an action of ejectment to recover three hundred and twenty acres of land in San Joaquin County. Both parties claim under the State of California, under locations made with warrants issued under the Act of 1852, commonly called School Land Warrants. From the findings of the Court it appears, that in 1852 one James L. Carnduff entered upon the premises, which were vacant unsurveyed land of the United States, and in October of the same year, purchased from the State two school land warrants, which he caused to be located on the premises by the…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
In Doll v. Meador (16 Cal. 296) we had occasion to consider the effect of the eighth section of the Act of Congress of September, 1841, by which 500,000 acres of land were donated to several States, designated by name in its first section, and the same quantity to each new State which should be thereafter admitted into the Union. The language of the section with reference to the States designated differs materially from its language with reference to new States which might subsequently be created. As to the old States, the words are inoperative to pass the fee from the…
2Cases cited1 opinion
- Foley v. HarrisonSupreme Court of the United States · 1854
3Cited by4 opinions
- State v. Sioux City & Pacific RailroadNebraska Supreme Court · 1878
- Higgins v. HoughtonCalifornia Supreme Court · 1864
- Sherman v. BuickCalifornia Supreme Court · 1873
- Oakley v. StuartCalifornia Supreme Court · 1878