Chipley v. Farris

Citations

• 45 Cal. 527

Syllabus

<p>Issuing a Patent to a Deceased Person.—If the patentee to whom a patent is made, under the Act of March 3d, 1851, to settle private land claims in California, dies before the patent is issued, the title to the lands therein designated becomes vested in the heirs, devisees; or assignees of the deceased patentee, the same as if the patent had issued during his life.</p> <p>Patent for Mexican Grant.—A patent of a Mexican grant of land is not issued without authority of law, because the Surveyor General of California transmits to the General Land Office the plat and survey of the land certified and approved by him, instead of having the transmission made by the confirmee.</p> <p>What Gives Perfect Title to Inchoate Mexican Grant. — The claimant of a Mexican grant, whose title is not perfect, and for that reason requires confirmation, does not acquire a perfect title except by means of a patent, or a survey confirmed in accordance with the Act of June 14th, 1860.</p> <p>Patent Cannot be Attacked Collaterally.—A patent for a Mexican grant of land is a record which binds both the Government and the claimant, and those deriving title through him, and cannot be attacked by either party, except by direct proceedings instituted for that purpose.</p> <p>Evidence to Show Patent Void.—neither the claimant of a Mexican grant, n'or those claiming title through him, can introduce evidence, in an action brought by them to recover possession of the grant, or a portion thereof, to show that the patent issued therefor was void.</p> <p>Delivery and Acceptance of Patent.—It is not necessary that a patent, issued for a Mexican grant, under the Act of 1851, for the settlement of private land claims in California, should be accepted by or delivered to the claimant or patentee. The patent takes effect when issued.</p> <p>Approved Survey of Mexican Grant.—If the patent purports to convey the land described in the approved survey of a Mexican grant, and the decree of confirmation comprises á