McEntee v. Cook
California Supreme Court
Appeal from a judgment of the Superior Court of Mendocino County. The action was brought to determine a contest as to the right to purchase certain school lands, forming part of a twentieth and of a twenty-ninth section, which had been listed to the state under a selection in lieu of a sixteenth and of a thirty-sixth section.
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Appeal from a judgment of the Superior Court of Mendocino County. The action was brought to determine a contest as to the right to purchase certain school lands, forming part of a twentieth and of a twenty-ninth section, which had been listed to the state under a selection in lieu of a sixteenth and of a thirty-sixth section. At the time the plaintiff’s application to purchase was made, section 3500 of the Political Code, as amended on April 28,1880, provided as follows: “Any person desiring to purchase any lands, .... except the sixteenth and thirty-sixth sections, must make an affidavit…
1Opinion of the Court
Belcher, C. C.
•The demurrer to the complaint should have been sustained. The action was commenced to determine a contest between the parties as to their rights to purchase from the state certain parts of sections 20 and 29, in township 18 north, range 17 west, Mount Diablo meridian. The plaintiff’s application to purchase the land was made in May, 1884, and the defendants’ applications were made in May, 1877.
Section 3495 of the Political Code, as it was framed in 1884, provided for the form of affidavit to be made by a person desiring to purchase any portion of a sixteenth or a thirty-sixth…
2Cases cited3 opinions
- McKenzie v. BrandonCalifornia Supreme Court · 1886
- Woods v. SawtelleCalifornia Supreme Court · 1873
- Millidge v. HydeCalifornia Supreme Court · 1885
3Cited by1 opinion
- United States v. FabianDistrict Court, D. Puerto Rico · 1916