Biddick

Biddick v. Kobler

Good Law
110 Cal. 191·1895 Cal. LEXIS 1039·42 P. 578
Supreme Court of CaliforniaNovember 27, 1895No. 18441California1,459 words

Opinion

Lead Opinion

This action is prosecuted to quiet title to a small parcel of land claimed by the plaintiff to be a part of lot 3 in block 5 in the town of Crescent Mills, in Plumas county. The complaint is in the usual form.

The premises in controversy are within the townsite of Crescent Mills (an incorporated town), which was surveyed and platted in 1882 upon public lands of the United States, under the provisions of section 2387 of the United States Revised Statutes authorizing the judge of the county court to enter lands settled upon and occupied as a townsite, and for which a patent was issued by the United States, October 26, 1888, to the superior judge of said county, “in trust for the several use and benefit of the occupants thereof according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated.”

The statute under which said trust was administered was the act of our legislature, approved March 30,1868, and the amendments thereof, (For the original…

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