In the Matter of the Adjustment of the California School Land Grant ...
In the Matter of the Adjustment of the California School Land Grant ...
California Office of the Attorney General
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In order, therefore, to acquire the land from the general government at a special rate, and as a pre- ferred purchaser, he represented to tJiat government that he had already paid the State for it. For that purpose he relied upon the fact that the State had his money, and having thus secured the title, he now seeks by means of mandamus to recover back the very money on the faith and strength of which he secured the advantage. To my Digitized by VjOOQIC — 41 — mind this does not appear just, and... mandamus ought not to be awarded to enforce an inequitable demand. ' Again, in Durand vs. Martin, supra, referring to the same class of cases, the court say : 'And if the State had claimed and sold land to which it had no right, and for which it could not give school land in return, an equitable provision was made for the protection of the purchaser by which he could keep the land, and the United States woidd get its value in money. ' It necessarily follows from the foregoing that not only would it be inequitable to the State to now require it to make the payment contemplated by paragraph one of the proposed basis of adjustment, but the officials of the land office would not be authorized to accept payment from any source other than from a purchaser from the State, upon proof that he was an innocent purchaser for a valuable con- sideration, as provided by said act.
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