Churchill v. Anderson

53 Cal. 212 | Cal. | 1878

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.