Johnson v. Squires
California Supreme Court
Appeal from a judgment for defendant in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. Action to determine a contest as to the rights of the parties to purchase a tract of State land, referred to the District Court by the Register of the Land Office. The application of the defendant was made March 14th, 1868, and the certificate of purchase issued July 24th, 1873. The other facts are stated in the opinion.
1Opinion of the Court
McKinstry, J.:
The parties have stipulated that the affidavits on which was based the application of respondent complied neither in form nor substance with the requirements of the Act of March 28th, 1868. Respondent is not, therefore, entitled to purchase under the provisions of that act. (Hildebrand v. Stewart, 41 Cal. 387; Cunningham v. Crowley, 51 id. 128.) Nor does his come within the class of cases provided for in the curative Act of March 27th, 1872. (Stat. 1871-2, 622.) Even if the language of the first section of that act were ambiguous, the title illustrates its purpose—“ An act for…
2Cases cited1 opinion
- Hildebrand v. StewartCalifornia Supreme Court · 1871
3Cited by11 opinions
- People v. California Fish Co.California Supreme Court · 1913
- Upham v. HoskingCalifornia Supreme Court · 1882
- Huddleston v. WashingtonCalifornia Supreme Court · 1902
- Manley v. CunninghamCalifornia Supreme Court · 1887
- Messenger v. KingsburyCalifornia Supreme Court · 1910
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