Huff v. Doyle
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. Ejectment to recover the east half of section 24, township three south, range two east, Mount Diablo meridian, lying in the county of Alameda. The defendant Doyle was in the possession of the north half, and the defendant Bales of the south half of the demanded premises.
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Appeal from the District Court, Third Judicial District, County of Alameda. Ejectment to recover the east half of section 24, township three south, range two east, Mount Diablo meridian, lying in the county of Alameda. The defendant Doyle was in the possession of the north half, and the defendant Bales of the south half of the demanded premises. In 1863 the State of California, in part satisfaction of the grant of the sixteenth and thirty-sixth sections, or other lands in lieu thereof, selected and located the demanded premises as lieu lands, and sold the same to the plaintiff, who paid the…
1Opinion of the Court
By the Court, Rhodes, J.:
The selection and sale of the land by the State, in 1863, was void, for the reason, among others, that the lands were then unsurveyed. The plaintiff, therefore, relies for title mainly upon proceedings had under the act of Congress of July 23, 1866, to quiet land titles in California. (14 U. S. Stats. at Large, 218.) He made application under the third section of the act, on the 10th day of July, 1871, and the application was approved and the land was certified over to the State, November 15, 1871. The lands were within the exterior limits of the Rancho Los Pocitas,…
2Cited by1 opinion
- Wilkinson v. MerrillCalifornia Supreme Court · 1877