Morrow v. Kingsbury (1875) · DecisionDepot

Morrow v. Kingsbury

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

California Supreme Court Oct 7, 1875 No. No. 4504Published

Before: Crockett, Niles, Rhodes

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Holding. The court held that title to the sixteenth section land vested in the state because the defendant's pre-emption claim was invalid due to a settlement date that fell outside the statutory period prescribed by the Act of March 3, 1853.

Issues

Whether title to the sixteenth section land vested in the state upon the approval of the township survey.
Whether the defendant acquired a valid pre-emption right under the Act of March 3, 1853.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The title to the land in controversy (it being a portion of a sixteenth section) vested in the state upon the approval of the survey of the township”

“The settlement, as appears by the declaratory statement, was not made until the year 1870, which was not within the time mentioned ion the act of March 3, 1853.”

Synopsis

APPEAL from Tenth Judicial District, Colusa County.

RHODES, J. — The title to the land in controversy (it being a portion of a sixteenth section) vested in the state upon the approval of the survey of the township, unless there existed a valid pre-emption right to the land acquired under the act of Congress of March 3, 1853, the act granting the sixteenth and thirty-sixth sections to the state: See Sherman v. Buick, 45 Cal. 665.

The settlement, as appears by the declaratory statement, was not made until the year 1870, which was not within the time mentioned ion the act of March 3, 1853.

Judgment affirmed.

We concur: Crockett, J.; Niles, J.

Morrow v. Kingsbury

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