Oakley

Oakley v. Stuart

Good Law
52 Cal. 521
Supreme Court of CaliforniaJuly 1, 1878No. 4790California4,666 words

Opinion

lead Opinion

The main questions at issue in this case are:

When, then, is the survey complete, so as to be brought within the State statute? If the question were as between the survey in the field, and the approval of the survey, or the record of the survey, there might be some doubt; but as between the record in the Surveyor-General’s Office, and the filing a transcript of that record in the Local Land Office, how can there be any doubt whatever ? How is it possible to say that there has been no survey, simply because a transcript of the record of survey has not been sent to the Local Land Office ?' As well could it be held that the survey is an incomplete thing-until the transcript has been sent, as it has to be, to the General Land Office. All the doings of the Surveyor-General’s Office are subject to approval or disapproval by the General Land Office, and with the same reason it could be contended that until a copy of the plat had reached that office, no resident of the State would be authorized to make an anplication to purchase a sixteenth or thirty-sixth section.

*525 Note that the record and the originals, both of the field-notes n,nd of the plat, are to be kept in the office of the…

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