Duncan v. Gardner
Synopsis
Patent fob State Land.—The Register of the State Land Office must not issue a patent for State lands until the applicant for the patent surrenders the certificate of purchase.
Idem.—When a judgment debtor has a State certificate of purchase of a tract of land sold him by the State, one who purchases at Sheriff’s sale a part only of the tract, and obtains a Sheriff’s deed therefor, is not entitled to a patent from the State for the land by him so purchased.
By the Court: The petitioner is not entitled to the patent, under section thirty-five hundred and nineteen of the Political Code, because there is no offer to surrender the certificate of purchase; nor is he entitled, under section two of the Act of March 27th, 1872, because he has not produced the Sheriff’s deed to the whole of the tract originally purchased by Miller.
Application for the writ denied.
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