Lynch v. Brigham (1874) · DecisionDepot

Lynch v. Brigham

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1874 No. No. 3,911Published

Before: Crockett

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Holding. The court held that a receipt for payment to the United States Receiver for public land is insufficient to establish title or a right of entry in an ejectment action.

Issues

Whether a receipt for payment to the United States Receiver for public land is sufficient to establish title or a right of entry in an ejectment action.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“This is the only finding which it is pretended shows any title or right of entry in the plaintiff; and it is wholly insufficient for that purpose, for reasons too obvious to require comment.”

Synopsis

Sufficient Title to Recover in Ejectment.—In ejectment to recover public land, when the answer denies the allegations of the complaint, the mere findings by the Court that, on a day named, before the commencement of the action, the plaintiff paid to the receiver of public lands at a local land-office the amount due the United States Government for the demanded premises and took his receipt therefor, having theretofore made the necessary proofs before the land-officers, are not sufficient to show any title or right of entry in the plaintiff.

By the Court, Crockett, J.: The action is ejectment in the usual form, and the complaint is not verified. The answer contains a general and specific denial of all the allegations of the complaint. The Court filed written findings, and entered a judgment for the defendants, from which the plaintiff appeals on the judgment-roll alone. The Court finds: 1st, That the land in controversy is a quarter section of public land; 2d, That on a certain day before the commencement of the action, the plaintiff paid to the United States Receiver at the land-office at San Francisco, in which district the land is situate, a sum of money “being the amount due to the United States Government for said land, and took his receipt therefor, having theretofore made the necessary proofs before the officers of the United States Land Office, San Francisco.” This is the only finding which it is pretended shows any title or right of entry in the plaintiff; and it is wholly insufficient for that purpose, for reasons too obvious to require comment.

Judgment affirmed. Remittitur forthwith.

Mr. Justice Rhodes did not express an opinion.

Lynch v. Brigham

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