Hood v. Hamilton

Citations

• 33 Cal. 698

Syllabus

<p>Mexican Grant to Husband his Separate Property.—Whore a Mexican grant to a married man contained the following conditions : 1st. Neither the grantee nor his heirs can divide or alienate the premises granted to him, nor place upon the same any mortgage or other charge, even though such mortgage or charge be for pious purposes, nor shall he convey it in mortmain j 2d. He can fence it without prejudicing the crossings, roads, servitudes \\ he can enjoy it freely and exclusively, destining it to the uses or cultivation that best suits him, but in one year he shall build a house which shall be inhabited; 3d. He shall solicit, as soon as possible, the proper Judge to give him juridical possession, by virtue of this title, by which the boundaries shall be set out, in which boundaries he shall put land marks, and some fruit or rustic trees of some utility; 4th. The tract of land which is of one square league, a little more or less, according to the sketch which goes with the espediente ; The Judge who may give the possession will have it measured according to the ordinances, mark out the boundaries, leaving the surplus which shall result to the Nation for suitable uses; and 5th. If he fail to perform these conditions, he shall lose his right to the land, and it shall be denounceable by othersheld, that the land granted was a donation, and vested in the husband as his separate estate.</p> <p>Statements op Counsel in Briefs.—While the uncontradicted statements of the counsel of one of the parties in his brief cannot be taken as a part of the record, still they may be referred to as tending to show that the inference drawn from a record which does not profess to disclose all the facts is not unfounded.</p> <p>Cases Affirmed.—Seott v. Ward, 13 Cal. 458; Noe v. Card, 14 Cal. 576 ; Fuller v. Ferguson, 26 Cal. 546; Wilson v. Qastro, 31 Cal. 433.</p>