Holloway v. Galliac

Citations

• 47 Cal. 474

Syllabus

<p>Ejectment against Tenant.—In ejectment by the landlord against a tenant who was in possession when he gave the lease, the landlord makes out a primes facie ease; by the production of his lease, and the burden is cast on the tenant, if he depends on the ground of paramount title in himself or another, of proving such title, .and if he fails to do so, the landlord must prevail.</p> <p>When Lease Estops Tenant.—A tenant is estopped by a lease which he takes when in possession, unless he proves paramount title in himself or another, under whom he claims.</p> <p>Description in a Grant by an Alcalde.—A grant by an Alcalde, of a lot in a pueblo, “twenty-five yards in front by fifty in depth, and hounded southeast by Chaipa Garcia’s house and lot, ’ ’ was valid, and conveyed ownership to a definite tract of land, if Chaipa Garcia occupied a lot in the pueblo, and a lot twenty-five by forty yards could be located immediately to the north-west of hers</p> <p>Idem.—An entry subsequently made by the Alcalde, in his book of records, immediately below the grant, in these words, ■ ‘ the above is located fronting twenty-five varas on Market Place, and forty varas fronting on San Carlos street, does not affect the grant, and may he disregarded. It does not grant any land, but undertakes to locate a lot already granted and definitely described.</p> <p>Grant by an Alcalde.—When an Alcalde granted a lot by a description sufficient to pass the title, his jurisdiction over the subject matter ended.</p>