Botsford v. Howell
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, County of Tulare. The plaintiff, on the 9th day of December, 1873, filed his application and affidavit in the office of the County Surveyor of Tulare County to purchase from the State, as swamp and overflowed, sections nineteen and twenty, in township twenty south, of range twenty-one east, Mount Diablo base and meridian.
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Appeal from the District Court, Thirteenth Judicial District, County of Tulare. The plaintiff, on the 9th day of December, 1873, filed his application and affidavit in the office of the County Surveyor of Tulare County to purchase from the State, as swamp and overflowed, sections nineteen and twenty, in township twenty south, of range twenty-one east, Mount Diablo base and meridian. Within thirty days the County Surveyor completed a survey and plat, and forwarded duplicate copies, with a copy of the application and affidavit, to the Surveyor-General of the State, who filed the same, but…
1Opinion of the Court
By the Court:
The plaintiff, in his application to purchase the lands, stated, that “ he did not know of any valid claim to the same other than his own, and that there were no settlers thereon, or, if there were, that the land had been segregated more than six months.” The application does not conform to sec. 3442 of the Political Code. The facts required by that section to be stated in the application must be stated directly and positively, and not in an alternative form, as in this case.
Judgment reversed and cause remanded for further proceedings. Remittitur forthwith.
2Cited by5 opinions
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