112 Cal. 191 | Cal. | 1896
On May 21, 1887, defendant Maria Poggi, .now the wife of said Louis Bachioni, resided on a tract ' of public land in San Diego county, and on May 30th following she filed her declaratory statement in the local /land-office of the United States, claiming the right of
Appellant’s next point is, that the judgment obtained by him in the superior court, pursuant to which Maria Poggi was ousted from the land, operates now as an estoppel against her, and causes the patent to inure to his benefit. This sounds like strange doctrine; if it be true, then the courts of the state may become the tribunals for determining all conflicting claims to the public lands, to the entire supersession of that established by Congress for the purpose—the land-office of the United States. The state courts may for some purposes deal with the possession of public land prior to the issue of the patent, but they have no authority to give a judg
Vanclief, C., and Belcher, C., concurred.
For the reasons given in the foregoing opinion the judgment appealed from is affirmed.
McFarland, J., Temple, J., Henshaw, J.