Eads v. Clarke

Foots, C. — Eads, the plaintiff, instituted this action to determine whether he or defendant Clarke was entitled to purchase certain lands of the state of California. The Pomona Land and Water Company intervened, claiming to have acquired all the defendant’s rights in the premises.

The plaintiff recovered judgment, and from that the intervenor appeals.

The only point made by the appellant for the reversal of that judgment is, that the proferí or order made by the surveyor-general, as required by law, was, as appears by the bill of exceptions,insufficient to give the Superior Court jurisdiction to try the action.

Section 3414, Political Code, which relates to matters such as the one in hand, is as follows: "But when

in the judgment of the officer a question of law is in-[482]valved, or when either party demands a trial in the courts of the state, he must make an order referring the contest to the District Court of the county in which the land is situated, and must enter such order in a record-book in his office.” By law, the Superior Court of such county is now the tribunal substituted for the former District Court.

Section 3415 of the Political Code is as follows: “After suc’h order is made, either party may bring an action in the .Superior Court of the county in which the land in question is situated, to determine the conflict, and the production of a certified copy of the entry, made by either the surveyor-general or the register, gives the court full and complete jurisdiction to hear and determine the action.” Hence by law it is required that an order of reference be made by the proper officer, and that the production of a certified copy of the same as entered in the record-book in that officer’s office, as proof to the Superior Court that the order had been duly made, shall be sufficient to give that court jurisdiction to try the issue. The copy of that order and the certificate attached, called a “profert,” are as follows:—

“ State of California, Office of the Surveyor-

General, ss.

“In the matter of the conflicting claims of B. W. Clarke and John G. Eads to purchase a certain tract of state school lands, lying and being situated in the county of San Bernardino, state of California, and more particularly described as the east one half section 14, township 1 south, range 8 west, San Bernardino meridian.