Wilkinson v. Merrill
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. On the 22nd day of June, 1857, the defendant located a school-land warrant on the east half of the northwest one-fourth of section No. 21, township two south, range thirteen west, of San Bernardino meridian, along with other lands. The land had not then been surveyed by the United States.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. On the 22nd day of June, 1857, the defendant located a school-land warrant on the east half of the northwest one-fourth of section No. 21, township two south, range thirteen west, of San Bernardino meridian, along with other lands. The land had not then been surveyed by the United States. The said Merrill, on the 30th of April, 1868, applied to the Surveyor-General to relocate the warrant on the same land. The location was made by the State Locating Agent on the 11th of August, 1868. These locations were not…
1Opinion of the Court
Neither the State Surveyor-General nor the District Court had any jurisdiction over the contest initiated by respondent for the decision of the Commissioner of the General Land Office, affirmed by the Secretary of the Interior, awarding the land to appellant was final. (Foscalina v. Hoyle, 47 Cal. 437; Hess v. Bolinger, 48 Cal. 849.)
Hartman & Haley, for the Respondent.
The selections made by defendant were void, because the land, at the time of selection, was unsurveyed by the United States. The selections were not cured by the Act of Congress of July 23rd, 1866. ( Chant v. Reynolds, 49 Cal.…
2Cases cited3 opinions
- Chant v. ReynoldsCalifornia Supreme Court · 1874
- Foscalina v. DoyleCalifornia Supreme Court · 1874
- Huff v. DoyleCalifornia Supreme Court · 1875
3Cited by3 opinions
- Sullivan v. ShanklinCalifornia Supreme Court · 1883
- Wilkinson v. MerrillCalifornia Supreme Court · 1880
- Mace v. MerrillCalifornia Supreme Court · 1880