UNITED STATES SUPREME COURT DECISIONS ON-LINE

Lands covered by a claim under Mexican or Spanish grants, but not found within the limits of the final survey of the grant when made, are within the excepting clause of the Act of July 23, 1888, 14 Stat. 218, and are restored to the public domain by the survey. clubjuris

Page 114 U. S. 382

A preemptor of land thus restored to the public domain, who takes the necessary steps in the land office to assert and perfect his title as such, before a claimant under a selection of the same lands by the California makes his claim and who obtains a patent therefor, has a legal title thereto, which is not subject to be dispossessed by any equities in the latter claimant. Huff v. Doyle, 93 U. S. 558, distinguished.

This suit in the nature of a bill in equity was commenced in a state court of California by plaintiff in error to charge defendant in error, who held the legal title to the lands in dispute as trustee for plaintiff in error. The facts which make the case are stated in the opinion of the Court. The defendant demurred to the bill and the demurrer was sustained. This judgment being affirmed by the supreme court of the state, the plaintiff below brought the case here by writ of error.