Cornwall v. Culver

Citations

• 16 Cal. 423

Syllabus

<p>The grant from Alvarado to Sutter, of June, 1841, passed to Sutter a title to the land it embraces, subject to be defeated by the subsequent action of the Supreme Government and Departmental Assembly, and carried with it a right to the possession, use, and enjoyment of the land, which right can be asserted in our Courts.</p> <p>Such grant passed a present and immediate interest to the grantee in the quantity of land specifically designated—eleven leagues—to be surveyed and laid off within the exterior limits of the general tract designated in the grant, by the officers of the Government.</p> <p>The land upon which the city of Sacramento is situated, is within the exterior limits of the grant to Sutter, of June 18th, 1841.</p> <p>Morton v. Folger, (15 Cal. 275) holding that the deposition of a surveyor, who ran the boundary lines of a grant, taken in one action, is admissible in another action between different parties, after his death, as hearsay evidence of the location of such lines, affirmed.</p> <p>Circumstances under which the deposition of Vioget, now deceased, as to the boundary lines of the Sutter grant is admissible, stated.</p> <p>Morton v. Folger, (15 Cal. 275) holding the declarations, on a question of boundary, of a deceased person who was in a situation to be acquainted with the matter, and who was, at the time, free from any interest therein, to be admissible, whether the boundary were one of general or public interest, or were one between the estates of private proprietors, affirmed.</p> <p>Ferris v. Coover, (10 Cal. 589) holding that the map or plat referred to in the grant to Sutter must be regarded, for the purpose of identifying the land, as part of the grant itself; that the description given in the grant was to be taken in connection with the lines marked on the map, and if any portion was to be rejected, reference would be had to the circumstances under which the grant was made, and the intention of the parties, and to ascertain these, paro