Rosecrans v. Douglass
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover the northwest quarter of section twenty, township two south, range thirteen west, San Bernardino Meridian, and lying in Los Angeles County. On the 22nd of April, 1868, the township plat was filed in the office of the Register and Receiver of the United States Land Office.
Read the full summary
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover the northwest quarter of section twenty, township two south, range thirteen west, San Bernardino Meridian, and lying in Los Angeles County. On the 22nd of April, 1868, the township plat was filed in the office of the Register and Receiver of the United States Land Office. On the same day a State selection of the land was made, in lieu of the west half of section thirty-six, township eight south, range seven west, San Bernardino Meridian, stating that the land in lieu of which it was…
1Opinion of the Court
A patent may be attacked collaterally when the State has no title in the land patented. (Patterson v. Winn, 11 Wheat. 352; Stoddard v. Chambers, 2 How. 284; Durfee v. Plaisted, 38 Cal. 80.)
No lieu land can be located in place of land included within *215the limits of a Mexican grant until the survey of the grant becomes final.
A pre-emptor who has made his application is in such privity with the source of title as to enable him to attack a patent which is void. (Frisbie v. Whiting, 9 Wall. 187.)
John D. Bicknell and Haight & Taylor, for the Respondent.
The land having been listed to the State, the…
2Cases cited8 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
- Robinson v. ForrestCalifornia Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sullivan v. ShanklinCalifornia Supreme Court · 1883
- Hellman v. JonesCalifornia Supreme Court · 1880