Carpentier v. Thirston

Citations

• 24 Cal. 268

Syllabus

<p>Confirmed Mexican Grant—Possession of till Survey.—Where, by the decree of a Court of the United States, a specific quantity of land is confirmed to a grantee, from the Mexican Nation, or to his assignee, to be selected and surveyed within the exterior boundaries of a larger tract, the confirmee, by virtue of the grant and the confirmation, is entitled, until a final survey, to recover possession of any portion of the land embraced within the exterior boundaries of the larger tract, except as against a person holding title from or the right of possession under the Government.</p> <p>Partition—Parties to must have Title.—An agreement to establish a partition line between the occupants of adjoining tracts of land is of no validity and cannot be enforced unless the title to the adjoining tracts has passed from the Government and become vested in the parties by whom the agreement is made. In order to render such agreement for a partition line effectual, each party must have the title to and right to dispose of the tract claimed by him, or, in other words, they must be co-terminous proprietors.</p> <p>Estoppel—What necessary to Create.—A disclaimer of title to land made to one who has no claim or right to the land to which the disclaimer applies, cannot operate as an estoppel, unless the person to whom it is made is directly influenced to act upon it, and does so act upon it that it would be a fraud upon him to permit the disclaimer to be retracted.</p> <p>What Jury may Pass on.—It is error for the Court to submit to a jury the question of the legal effect of written documents offered in evidence during the trial.</p>