Churchill v. Anderson (1878) · DecisionDepot

Churchill v. Anderson

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

California Supreme Court Jul 1, 1878 No. No. 5984Published

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Holding. The State does not acquire title to lieu land, and therefore cannot convey it to a purchaser, until the land has been listed over by the United States. Consequently, a plaintiff lacks title to such land if the action is commenced before the listing occurs.

Issues

Whether the State acquires title to lieu land before it is listed over by the United States.
Whether a plaintiff has title to lieu land if the action is commenced before the land is listed over by the United States.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the State acquires no title which it can convey to a purchaser until the land has been listed over.”

“It follows that when the action was commenced the plaintiff had no title.”

Synopsis

Title oe State to Lieu Laxos.—Tlio State acquires no title to lieu lands, which it can convey to a purchaser, until the land has been listed over to the State by the United States.

By the Court : It appears from the findings that when this action was commenced the land in controversy [lieu land] had not been listed over by the United States to this State; and it has been frequently decided by this Court that the State acquires no title which it can convey to a purchaser until the land has been listed over. It follows that when the action was commenced the plaintiff had no title.

Judgment reversed, and cause remanded for a new trial.

Churchill v. Anderson

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