Davis v. California Powder-Works

Citations

• 84 Cal. 617
• 24 P. 387
• 1890 Cal. LEXIS 854

Syllabus

<p>Mexican Grants — Fraudulent Antedating — Conflict of Patents — Quieting Title. —■ Where both parties to an action to quiet title claim the land in dispute under patents confirming Mexican grants, the question of the genuineness of each original grant is a legitimate subject of inquiry in the action, provided such inquiry is admissible under the pleadings; and it may be shown in such case that the grant bearing the oldest date was not made during the term of office of the Mexican governor whose signature it bears, and that it was frau lulently antedated.</p> <p>Id.—Absence of Arohives — Presumption against Genuineness of Grant — Oral Testimony—Review of Conflicting Evidence.— When the evidence in such action shows that there is no official paper appertaining to an alleged Mexican grant, nor any record or trace thereof, which appears anywhere in the archives of California, when a part of Mexican territory, a strong presumption arises against the genuineness of the grant, which can only be overcome by the clearest proof of its genuineness; and when the oral testimony oí witnesses, offered in support of such genuineness, is of an inconclusive or suspicious character, a finding against the genuineness of the grant will not be disturbed, upon appeal.</p> <p>Id. —Impeachment op Witness — Date op Signature to Other Grants — Testing Recollection — Comparison op Signatures. — While a witness cannot be impeached by proof of specific wrongful acts, or by contradicting him upon collateral matters, yet where the witness has shown great positiveness of recollection as to the date of his own signature to a grant in controversy, his accuracy of recollection may he tested by inquiry as to the date of his signature to other grants; and if he shows no accurate remembrance of such date, it is competent to show the real date of such other signatures, for the purpose of comparison with the signature in question, which is alleged to have been antedated. •</p> <p>Id.—Particular Wrongful