Gregory v. McPherson

Citations

• 13 Cal. 562

Syllabus

<p>No forfeiture accrues of a title otherwise good, by failure to present it to the Board of Land Commissioners. Baldwin, JT</p> <p>Possession of land at the death of a party gives prima facie title to his heirs, or representatives. Id.</p> <p>The expediente, consisting of the petition, plat, reference, report, act of concession, approval, grant, etc. tiled in the archives of the Mexican Government is as much an original document as the grant delivered to the grantee. Id.</p> <p>A sworn copy or exemplification of such originals is evidence, and the originals ought not to be removed from the governmental offices. Id.</p> <p>Wherever the acts of public officers are authenticated by their records, the records are evidence of the acts. Id.</p> <p>The decrees of the Board of Land Commissioners, and of the District Court are not indispensable to a recovery in ejectment on a grant, but are admissible, and conclusive against the government, and against those holding by its license or permission. Id.</p> <p>The petition by an executor for the sale of real estate, must set forth the amount of the personal estate that has come to his hands. This petition, with this averment, are jurisdictional facts, without which, the order of sale is void. Id.</p> <p>The petition for the sale of land, and the subsequent proceedings must be conducted by all the executors who qualify, or the sale is void. Terex, C. J.</p>