California Supreme Court, 1878

Churchill v. Anderson

Churchill v. Anderson
California Supreme Court · Decided July 1, 1878
53 Cal. 212; 1878 Cal. LEXIS 113
Churchill v. Anderson

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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.

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