Buhne v. Corbett

By the Court,

Wallace, C. J.: This action was brought to recover the possession of a tract of land situate in the County of Humboldt. The pleadings are verified. The complaint alleges that the plaintiff is the owner in fee of the premises which are described,- and that the defendants “on the 2d day of February, 1870, entered into the possession of the demanded premises above described, and have ever since'and still do unlawfully withhold the possession thereof from the plaintiff,” etc., concluding with the usual prayer for judgment. The answer is as follows:

“How comes Joseph Corbett, John Doe (Walter Cutler), and Richard Roe (E. H. Pinney), defendants in the above entitled action, and answering the complaint of the plaintiff herein, on their information and belief deny that on the 1st day of February, 1870, or at any other time, the plaintiff was or now is, or ever has been the owner of) or seized in fee, or entitled to the possession of the tract of land described in said complaint, or any part thereof; and deny that on said day, or any other time, the defendants entered into the possession of the same, or any part thereof, or that they ever withheld, or now _ withhold the possession of the same, or any part thereof from the plaintiff. Further answering, the said defendants aver that from the year A. D. 1848, down to the 23d day of May, A. D. 1867, inclusive, the tract of land described in the plaintiff’s complaint was public land of and belonging to the United States, and that on the day last named, and prior thereto, by orders of the President of the United States, one bearing date of that day and another prior thereto, and in due course of law, the said lands, and the whole thereof, were reserved to the United States for light[267]house purposes, ancl from thence hitherto have remained, and still do remain so reserved for the purposes aforesaid; and that during all of said time, from the year 1848 hitherto, the United States has been and still is the owner in fee and seized of said land and every part thereof.

“That from the 23d day of May, 1867, hitherto the United States has continuously occupied and possessed said lands for lighthouse purposes aforesaid, and has erected a lighthouse and light, and other improvements thereon, for the protection and safety of ships and other vessels navigating the waters of the Pacific Ocean, at an expense of about one hundred thousand dollars.

“That the said defendants are the keepers of the light and lighthouse aforesaid, employed for that purpose by the said United States at stipulated wages, and that they are, as such keepers, the mere servants and employés of the said United States, subject at any and all times to the orders, directions, and commands of the said United States and certain of the officers thereof, and to be discharged and removed from such service and employment.