Leininger
State Improvement-Development Co. v. Leininger
Opinion
lead Opinion
Fleet, J.
This is an action brought in the superior court of the state, wherein the defendant Leininger, in his official capacity as register of the United States land office at Redding, Cal., and the defendant Kingsbury, in his official capacity as surveyor general and register of the state land office of the state of California, are joined as defendants; the relief asked against the first-named officer being an injunction permanently restraining him from entering upon the official records of his office, in obedience tó instructions from his superior officers in the Land Department of the United States, cancellations of certain lieu land selections theretofore made by the state of California from public lands of the United States under the supposed sanction of sections 2275 and 2276 of the Revised Statutes [as amended by Act Feb. 28, 1891, c. 384, 26 Stat. 796 (Comp. St. 1913, §§ 4860, 4861)], while that prayed against the last-named officer is that he be decreed to have issued to plaintiff patents from the state of California for the lands involved in the controversy in accordance with an alleged purchase thereof from the state.