Hastings v. Devlin
California Supreme Court
Appeal from the District Court of the Seventh District, Solano County. Plaintiff claims that title to the premises in dispute, vested June 20th, A. d. 1858, in I. Thomas, by virtue of the location of School Land Warrant No’. 133, under and in accordance with the provisions of the Act of the Legislature of the State of California, passed May 3, 1882, entitled, “An Act to provide for the disposal of the five hundred thousand acres of land granted to this State by Act of…
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Appeal from the District Court of the Seventh District, Solano County. Plaintiff claims that title to the premises in dispute, vested June 20th, A. d. 1858, in I. Thomas, by virtue of the location of School Land Warrant No’. 133, under and in accordance with the provisions of the Act of the Legislature of the State of California, passed May 3, 1882, entitled, “An Act to provide for the disposal of the five hundred thousand acres of land granted to this State by Act of Congress” of September 4, 1841, and that plaintiff acquired title by a Sheriff’s deed. Defendant denies the location of said…
1Opinion
Subsequently, upon petition of respondent a rehearing was granted.
*365W. 8. Wells, for Bespondent, on Eehearing.
First — Tbe Act of 1852 was an attempt on tbe part of tbe State to dispose of ber lands in advance of tbe action of tbe General Land Department, but manifests no intent, or even attempt, in any way, to deprive tbe General Land Department of its supervisory power.
Tbe Act of .1841 allows tbe Stats to select tbe lands in sucb manner as tbe Legislature may direct; but tbe mere act of selection does not imply location in its full sense. It was competent for tbe State, acting through tbe…
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- Megerle v. AsheCalifornia Supreme Court · 1867
- Knowles v. YeatesCalifornia Supreme Court · 1866
- Lathrop v. MillsCalifornia Supreme Court · 1861
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