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46 Cal. 24

Duncan v. Gardner

California Supreme Court

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

Petition to the Supreme Court for writ of mandate. Frederick Miller, after complying with the requirements of the law, in obtaining a survey, etc., paid the Treasurer of Sacramento County, on the 3d day of October, 1868, twenty per cent of the purchase money, and ten per cent interest, in advance, on survey number nine hundred and forty-two, being portions of sections nineteen, twenty, twenty-one, twenty-nine and thirty, township four north, range four east, lying in…

Cited by 2 later decisions — most recently October 1889

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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By the Court:

¶1The petitioner is not entitled to the patent, under section thirty-five hundred and nineteen of the Political Code, because there is no offer to surrender the certificate of purchase; nor is he entitled, under section two of the Act of March 27th, 1872, because he has not produced the Sheriff’s deed to the whole of the tract originally purchased by Miller.

¶2Application for the writ denied.

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