United States Supreme Court Cases & Opinions

U.S. Supreme Court

Water & Mining Co. v. Bugbey, 96 U.S. 165 (1877)

Water & Mining Co. v. Bugbey

96 U.S. 165

Syllabus

1. The Act of March 3, 1853, 10 Stat. 244, granted for school purposes to California the public lands within sections 16 and 36 in each congressional township in that state, except so much of them whereon an actual settlement had been made before they were surveyed, and the settler claimed the right of preemption within three months after the return of the plats of the surveys to the local land office. If he failed to make good his claim, the title to the land embraced by his settlement vested in the state as of the date of the completion of the surveys.

2. In this case, the title of the state to the demanded premises, being part of a school section, having become absolute May 19, 1866, a mining company could, under the act of July 26, 1886 (14 Stat. 253), acquire no right to them.

ERROR to the Supreme Court of the State of California. The facts are stated in the opinion of the could.

The facts are stated in the opinion of the Court.