50 Cal. 169 | Cal. | 1875
Patents were issued by the United States to the plaintiff’s grantor in the year 1872, for the premises in controversy; and in the year 1873 a patent was issued by the State to the defendant’s grantor for the same lands. The defendant claims that the lands were selected on behalf of the State as lieu lands—that is, lands selected in lieu of a portion of a thirty-sixth section; that the selection was made prior to the passage of the act of Congress of July 23, 1866, and that the selection was confirmed by that act. The lieu lands confirmed to the State were such as had not only been se
Judgment and order affirmed.
Neither Mr. Chief Justice Wallace nor Mr. Justice McKinstry expressed an opinion.