Legal Opinion

Churchill Co. v. Kingsbury

California Supreme Court

Decided July 24, 1918No. Sac. No. 2798. In BankPublishedCited by 12 opinions

APPLICATION for Writ of Mandate against W. S. Kings-bury, Surveyor-General, and ex-officio. Register of the State Land Office of the State of California. The facts are stated in the opinion of the court. Tapscott & Tapscott, A. E. Bolton, and O. K. McMurray, for Petitioner.

1Opinion of the CourtSloss, J.

This is a proceeding in mandamus, brought to compel the state surveyor-general to perform the acts preliminary to the issuance to petitioner of a patent for 5,120 acres of land in Siskiyou County. An alternative writ was ordered. The material facts are admitted, either by answer or by stipulation.

On October 11, 1872, one Dorris made application under the law of 1868 (Stats. 1867-68, p. 507) for the land in question, as swamp and overflowed land. The county surveyor of Siskiyou County made a survey, and returned the same to the surveyor-general. On October 4, 1874, the register of the state…

2Cases cited12 opinions

  1. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  2. Barney v. KeokukSupreme Court of the United States · 1877
  3. Miller & Lux v. Madera Canal & Irrigation Co.California Supreme Court · 1909
  4. Niles v. Cedar Point ClubSupreme Court of the United States · 1899
  5. McManus v. CarmichaelSupreme Court of Iowa · 1856

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3Cited by12 opinions

  1. People Ex Rel. Baker v. MacKCalifornia Court of Appeal · 1971
  2. State of California v. Superior Court (Lyon)California Supreme Court · 1981
  3. City of Los Angeles v. AitkenCalifornia Court of Appeal · 1935
  4. Hitchings v. Del Rio Woods Recreation & Park DistrictCalifornia Court of Appeal · 1976
  5. United States v. Claude S. Gossett Et Ux., United States of America v. Charles D. WilliamsCourt of Appeals for the Ninth Circuit · 1969

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