Mastick v. Cave
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Ejectment to recover the northeast one-quarter of the northeast one-quarter of section thirty, township six south, range two west, Mount Diablo meridian.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Ejectment to recover the northeast one-quarter of the northeast one-quarter of section thirty, township six south, range two west, Mount Diablo meridian. On the 9th day of September, 1861, the plaintiff made application to Leander Ransom, the State Locating Agent of this State, to locate for him, and to be allowed to purchase from the State, the north one-half of the southeast one-quarter, and the southwest one-quarter of the southeast one-quarter of section nineteen; and the northeast one-quarter and the…
1Opinion of the Court
The laws of California authorized the location on unsurveyed lands (sec. 5, Act of 1861, p. 219); but the laws of the United States only authorized lieu lands to be taken from among the lands surveyed by the United States.
This defect is cured by the Act of Congress approved July 23d, 1866, entitled “An Act to quiet land titles in California.”'
The first section of that act provides: “That in all cases where the State of California has heretofore made selections of any portion of the public domain, in part satisfaction of any grant made to said State by any Act of Congress, and has disposed of…
2Cases cited1 opinion
- Grogan v. KnightCalifornia Supreme Court · 1865
3Cited by2 opinions
- Hiller v. CollinsCalifornia Supreme Court · 1883
- Sullivan v. ShanklinCalifornia Supreme Court · 1883