People v. Carrick (1876) · DecisionDepot

People v. Carrick

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

California Supreme Court Jul 1, 1876 No. No. 4883Published

Before: McKinstry

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Holding. A state land patent issued while a contest regarding the land was pending and undetermined in court is void, regardless of whether the defendant was a good-faith purchaser.

Issues

Whether a state land patent issued during the pendency of a land contest in court is valid.
Whether the doctrine of bona fide purchaser applies to a void state land patent.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“No officers of the State had power to issue the patent until the proceedings in the Third District Court had been terminated.”

“But the patent was void, and the doctrine of purchasers for a valuable consideration, without notice, under the registry acts, had no application.”

Synopsis

When Patent fob State Land is Void.—If two parties each apply to the Surveyor-General to purchase land belonging to the State, and a contest arises between them in the State Land Office as to which has the right to purchase the land, and the Surveyor-General, under the statute, orders the contest to be referred to a District Court for trial, and one of the parties brings suit in the court to obtain its judgment as to which has the best right to purchase the land, the State officers have no power to issue a patent for the land to either of the parties until the proceedings in the court have terminated, and a copy of the judgment is filed in the State Land Office.

Idem.—A patent issued in such case, before the proceedings in the court have terminated, is void, and may be annulled at the suit of the State, even if the patentee has conveyed to an innocent purchaser.

By the Court, McKinstry, J.: This is a bill to vacate and annul a patent for lands issued by the authorities of the State to one Buiek, grantor of defendant.

Previous to the date of the patent, the said Buick, and one Sherman, had applied for the land; a contest had arisen between them in the State Land Office; the Surveyor-General had ordered a reference of the contest to the Third District Court for Santa Clara County, and in accordance with said order, Sherman had brought his action in that court. This action was pending and undetermined when the patent was issued.

No officers of the State had power to issue the patent until the proceedings in the Third District Court had been terminated. (Stats. 1867-8, p. 511.)

It is said that defendant was a purchaser in good faith. But the patent was void, and the doctrine of purchasers for a valuable consideration, without notice, under the registry acts, had no application.

Judgment reversed, and cause remanded for a new trial.

People v. Carrick

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