Wheeler v. Collins

Opinion op the Court by

Commissioner Hobson

Reversing.

Pursuant to section 473 of the Civil Code of Practice, appellants filed, with the auditor, a caveat to prevent the issuing of a patent to W. M. Collins upon a survey which he had made. The Code -contains the following provision :

“If any person obtain a survey of land to which another claims a better right, such other may enter a caveat with the register to prevent the issuing of a grant until the right be determined. The caveat shall state the plaintiff’s claim and the reasons why the grant should not issue. . . .

“A copy of the -caveat,…