Lick v. Diaz

Citations

• 37 Cal. 437

Syllabus

<p>Alcalde’s Grant.—Although neither the delivery of an Alcalde’s grant nor the payment of the municipal fees were necessary to vest title in the grantee, yet, if immediately after a grant was made to two persons, and signed and recorded in due form by the Alcalde, the grantees appeared heforo him, and one of them verbally renounced his right in the lot granted, the Alcalde might amend his record by indorsing on the hack of the grant the renunciation, and the fact that tho other person might have the entire lot, and the lot then became the sole property of tho one not renouncing.</p> <p>Power to Modify Alcalde’s Grants.—The power vested in an Alcalde to grant lots implies the power to modify the grant, with the consent of all parties in interest, while the proceedings are in fieri, and so long as anything remains to bo done by the granting power.</p> <p>Idem.—It was competent for one of the grantees of a lot made by an Alcalde to two persons, at any time before the proceedings were completed to decline the grant, and consent that the grant he made to his cograntee, and the Alcalde might then modify tho grant by an indorsement thereon, making it inure to the benefit of such cograntee, and the title would then vest in him alone.</p> <p>Idem.—Such modification of an Alcalde’s grant is not a transfer of title from one cograntee to another, but an exercise of the granting power.</p> <p>Parol Testimony to snow Declination of Alcalde’s Grant.—The fact that ono of the cograntees in an Alcalde’s grant, heforo the proceedings to vest title were completed, appeared before the Alcalde and consented to renounce his interest in the grant, and declined the same, and requested it to be made to the other cograntee, may he shown by parol testimony, provided the Alcalde has made such modification of the grant by an indorsement thereon. Such testimony may be rebutted by parol testimony on the other side tending to show that such were not the facts.</p> <p>Evidence as to Alcalde’s Grant