County of San Bernardino v. Reichert

Citations

• 87 Cal. 287
• 25 P. 692
• 1890 Cal. LEXIS 1133

Syllabus

<p>County Boundary — Statutory Construction — Reference to Mexican Grants — Survey — Patents. —The acts organizing the counties of San Bernardino and San Diego, and fixing the common boundary between them with reference to the lines of certain Mexican grants, must be construed as intending to adopt a line that could thus be definitely fixed; and an official survey of the grants which had been theretofore made and recorded is proper evidence of the location of the boundary, though not finally approved as the basis of patents confirming the grants, in preference to a subsequent survey, upon which the patents were based.</p> <p>Id. — Mandamus to Surveyor-General — Question of Title — Intention of Legislature. —Even if the courts have jurisdiction to control the surveyor-general by mandamus in the matter of a survey of a county boundary, the proceeding does not involve any question of title to real property, or of the correct boundaries of land as between private claimants, although the act establishing the boundary may refer to private grants; but the sole question is as to the intention of the legislature in fixing the boundary at the time of adopting the line.</p>