Clark v. Lockwood

Citations

• 21 Cal. 220

Syllabus

<p>A vinal decree of the United States Courts, confirming a Mexican grant, establishes conclusively the legal title of the grantee to the premises at the date of the presentation of his petition to the Land Commission. And where the confirmee claims in his petition as successor in interest of the original grantee of the Mexican Government by virtue of mesne conveyances from him, the decree is equally conclusive of the validity of his derivative title as of that of the original grantee.</p> <p>A new trial will not he granted on account of the admission of improper evidence to prove a fact not material to the decision of the action, and independent of which the verdict is supported.</p> <p>In ejectment the legal title must control. The plaintiff, establishing in himself the legal title, cannot be defeated by showing that such title waq acquired by fraud, or is held by him in trust. These are considerations for a Court of Equity, which will control the legal title in his hands so as to protect the just rights of others.</p> <p>The plaintiff in ejectment claimed title under a decree of confirmation of a Mexican grant, in which the tract confirmed was described as bounded upon the north by the Bernal Rancho, and to prove the position of this northern boundary offered in evidence a patent of the rancho issued by the United States : Held, that the patent was admissible, and was prima facie evidence of the location of the northern boundary of the tract sought to be recovered.</p> <p>The title of the purchaser of real estate at execution sale does not depend upon and is not affected by the Sheriff's return upon the writ of execution. The title rests upon the judgment, execution, sale, and deed, and is not impaired by any defect in the return of the officer, or by his failure to make any return.</p>