Downer v. Smith

Citations

• 24 Cal. 114

Syllabus

<p>Alcalde’s Books—When Received as Evidence.—An entry of a grant of land in the Pueblo de San José, made in the Book of Alcalde’s Grants, is entitled to be received in evidence upon proof that the persons by whom it is signed were the Alcalde and Clerk of said pueblo at the time it bears date, and that their signatures are genuine, and that the book was one of the books of the Alcalde’s office in which Alcalde grants were entered, and that the book belonged to the Recorder’s office of Santa Clara County.</p> <p>Alcalde’s Grants.—The statement of an Alcalde’s official character, in the commencement of a grant signed by him, is sufficient to show that he acted in his official capacity, without a descriptio officii appended to his signature.</p> <p>Same—Delivery of.—Where the original grant of an Alcalde is contained in the book of grants kept by him, no proof of a delivery of the grant is required. The production of the book has the same force arid effect upon the question of delivery as the production of an original deed or grant would have by one claiming under it.</p> <p>Quitclaim Deed.—A quitclaim deed will enable the grantee to maintain ejectment for the land it conveys if his grantor could have done so.</p> <p>Jurisdiction of Probate Courts.—Probate Courts have no jurisdiction to administer upon the estates of deceased persons who died prior to the adoption of the Constitution.</p> <p>Records of Probate Courts. — Where a Probate Court administers upon the estate of such deceased person, its proceedings are not entitled to be received in evidence.</p> <p>Equitable Defense to be Pleaded.—If a defendant in an action of ejectment desires to avail himself of an equitable defence as a bar, he must set it up in his answer with the same particularity which is observed in a bill in equity.</p> <p>Court must Pass on Equitable Defense.—The Court, and not the jury, must pass upon the equitable title set up in the answer, and it must be sufficiently pleaded to warrant the C