Biddick v. Kobler

Citations

• 110 Cal. 191
• 42 P. 578
• 1895 Cal. LEXIS 1039

Syllabus

<p>Quieting Title—Evidence—Townsite Patent—Trust for Occupants —Proof of Occupancy—Deed of Superior Judge not Conclusive. In an action to quiet title, where the land in controversy is part of a •townsite, which was surveyed and platted under section 2387 of the Revised Statutes of the United States, and a patent was issued therefor to the superior judge, in trust for the occupants, which trust was administered by the superior judge under the act of the legislature of California, approved March 30, 1868, and the amendments thereof, a •deed of'the superior judge to the plaintiff, in so far as it includes land which had never been in the occupancy of the plaintiff, but which is shown to have been, at the time of the patent and prior to the application therefor, in the occupancy of the defendant, is not conclusive against the defendant; and the defendant is entitled to prove his occupancy and his right thereto as against the plaintiff.</p> <p>Id.—Offer of Evidence—Improper Method—Presumption of Consent —Erroneous Ruling.—Although a mere general offer of evidence to prove a variety of things, without producing the witnesses or evidence whereby they are to be proved, is an improper method of presenting offered evidence, yet, where no objection is made to the form of the offer upon the ground that the offer was an improper method, but objection is only taken to the evidence offered, it will be presumed upon appeal that the method used in making the offer was by consent; and, if the evidence offered is improperly rejected, the judgment will be reversed for the erroneous ruling.</p>