Botsford v. Howell

California Supreme Court

Botsford v. Howell

52 Cal. 158

CourtCalifornia Supreme Court

DecidedJuly 1, 1877

DocketNo. 8473

StatusPublished

Cited by5 cases

This text of 52 Cal. 158 (Botsford v. Howell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Botsford v. Howell, 52 Cal. 158 (Cal. 1877).

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Opinion

By the Court:

The plaintiff, in his application to purchase the lands, stated, that “ he did not know of any valid claim to the same other than his own, and that there were no settlers thereon, or, if there were, that the land had been segregated more than six months.” The application does not conform to sec. 3442 of the Political Code. The facts required by that section to be stated in the application must be stated directly and positively, and not in an alternative form, as in this case.

Judgment reversed and cause remanded for further proceedings. Remittitur forthwith.

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By the Court:

The plaintiff, in his application to purchase the lands, stated, that “ he did not know of any valid claim to the same other than his own, and that there were no settlers thereon, or, if there were, that the land had been segregated more than six months.” The application does not conform to sec. 3442 of the Political Code. The facts required by that section to be stated in the application must be stated directly and positively, and not in an alternative form, as in this case.

Judgment reversed and cause remanded for further proceedings. Remittitur forthwith.

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Bluebook (online)

52 Cal. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/botsford-v-howell-cal-1877.

Opinion

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