Love v. Shartzer

Citations

• 31 Cal. 487

Syllabus

<p>Estoppel as to Mexican Grant.—The grantee of land from the Mexican Government is not estopped from recovering possession of the same according to the boundaries finally surveyed by the United States, from the fact that such grantee, before such survey, told the occupant that the land in controversy was public land, and not within the limits of his grant, and that the occupant, after being thus told, put valuable improvements on the land.</p> <p>Ouster op Grantee.— One who, without the permission of the grantee, takes possession of land within the boundaries of a Mexican grant, whether perfect or inchoate, before the final survey is made by the United States, is guilty of an duster, although when he entered into possession he was informed by the grantee that the possession so taken was not within the limits of the grant.</p> <p>Set-Off of Improvements against Damages.—A defendant in ejectment, who has made permanent improvements on the land in controversy, is not entitled to set off the value of those improvements against the damages claimed by the plaintiff, unless the improvements have been made by him or those under whom he claims, while holding possession under color of title adversely to the claims of plaintiff, and in good faith.</p> <p>Damages in Ejectment.—In an action to recover possession of land and damages for its detention, if the Statute of Limitations of three years is pleaded as to the damages, the plaintiff can recover damages for only three years before the commencement of the action.</p> <p>Bents and Profits in Ejectment.—The plaintiff in ejectment, if he recover, is entitled to damages measured by the value of the rents and profits up to the time the judgment is rendered.</p> <p>Judgment op Supreme Court.—If the judgment is erroneous, and the findings of fact are such as to enable the Supreme Court to determine what kind of a judgment should have been rendered, it will direct the Court below to render the proper judgment.</p>