People v. Carrick
People v. Carrick
Opinion of the Court
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.
Reference
- Full Case Name
- THE PEOPLE v. JOHN CARRICK
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 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.