Churchill v. Anderson

California Supreme Court

Churchill v. Anderson

53 Cal. 212, 1878 Cal. LEXIS 113

CourtCalifornia Supreme Court

DecidedJuly 1, 1878

DocketNo. 5984

StatusPublished

Cited by2 cases

This text of 53 Cal. 212 (Churchill v. Anderson) 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

Churchill v. Anderson, 53 Cal. 212, 1878 Cal. LEXIS 113 (Cal. 1878).

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Opinion

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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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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Bluebook (online)

53 Cal. 212, 1878 Cal. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/churchill-v-anderson-cal-1878.

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