Legal Opinion

People ex rel. Hastings v. Jackson

California Supreme Court

Decided June 16, 1881No. 5,793PublishedCited by 1 opinion

Appeal from a judgment for the defendant in the Seventh District Court in and for the County of Solano. The validity of the respective titles involved in this case were before the Court in The People ex rel. Hastings v. Jackson et al., 24 Cal. 630; Hastings v. Devlin, 40 id. 358; and Hastings v. Jackson, 46 id. 234. The present case is an action to set aside the patent issued to Jackson, and judgment went for the defendant on a demurrer to the" complaint.

1Opinion of the Court

Sharpstein, J.:

Thomas, to whose interest the relator has succeeded, attempted in June, 1853, to locate a school-land warrant upon the land in controversy. That attempt was made in the manner prescribed by the Legislature, but was ineffectual because the land was then unsurveyed, and not subject to selection. (Hastings v. Jackson, 46 Cal. 234.) On the first of the succeeding October, the land was surveyed by the Government of the United States. On the twenty-fourth of December, 1853, “said location was presented to the Register of the United States Land Office of the district wherein the same…

2Cases cited2 opinions

  1. Hastings v. DevlinCalifornia Supreme Court · 1870
  2. Hastings v. JacksonCalifornia Supreme Court · 1873

3Cited by1 opinion

  1. Rosenberg v. BumpCalifornia Court of Appeal · 1919

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