Fremont v. Seals

Citations

• 18 Cal. 433
• 1861 Cal. LEXIS 224

Syllabus

<p>Where the admissions in an answer negative its general denials, the latter may he disregarded and judgment asked upon the former, where the complaint is verified, and the answer consists of such admissions-and denials.</p> <p>A patent from the United States upon the confirmation of a Mexican grant carries with it the ownership of the minerals in the land patented; and in ejectment for such land defendant cannot set up, as against the United States, or as against parties claiming from the United States—the paramount proprietor— a title resting upon mining rules and regulations.</p> <p>The Act of March, 1856, “For the Protection of actual Settlers and to Quiet Land Titles in this State,” was passed for the benefit of those who are desirous of building up homes in the country, and for that purpose are seeking, in good faith, lands for settlement and occupation; and hence, the eleventh section of the act does not apply to miners engaged simply in extracting gold from a quartz vein. They are not “ settled upon ” their vein in the sense of the statute, and the two years limitation of that section cannot avail them.</p> <p>Where, to ejectment on a- patent to plaintiffs for land from the United States, defendants plead possession in themselves and the parties through whom they claim for five years before the commencement of the action, on the fourth of March, 1860, but admitted the issuance of the patent on the nineteenth of February, 1856: Held, that the plea is of no avail, because the admission shows plaintiffs were seized of the premises within the five years.</p>