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45 Cal. 219

Miller v. Taylor

California Supreme Court

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

The plaintiff had judgment in a suit brought to determine the right to purchase certain tide lands—the contest having been referred to the Court under the provisions of the Act of March 28th, 1868 (Sec. 17), by the Surveyor General— and the defendant appealed.

Decided 1873-07-01

By the Court:

¶1The application by Taylor to purchase a portion of the tide lands belonging to the State, contained only the following description of the lands to be purchased, viz: “A certain tract of salt marsh and tide lands in-county, lying and situate along the westerly side of the Miller Rancho, so known, to all the land along the beach of Tómales Bay, along the beach of ordinary low tide, and the hard land, from the most northerly point of said Miller Rancho, on Tómales Bay, to the most southerly.”

¶2Irrespective of other objections taken to the proceeding, the description is utterly unintelligible, and is wholly insufficient to support the application.

¶3Judgment affirmed.

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