Mayor and Common Council of San Jose v. Trimble

Citations

• 41 Cal. 536
• 1871 Cal. LEXIS 131

Syllabus

<p>Mexican Grant, including Private Claim.—A Mexican grant was confirmed by the United States, excepting certain tracts included within its exterior boundaries, granted to private claimants. Land claimed as part of a tract thus excepted was excluded by an official survey of the tract; held, that the land thus excluded is a portion of the land confirmed in the larger grant.</p> <p>Construction of Statute—Limitation to Becovery under Mexican Grant.—An actual adverse possession of five years subsequent to the passage of the Act of 1863, relative to Spanish and Mexican grants, will, in certain cases, bar a recovery under a title derived from Spain or Mexico, even though the title was not confirmed until after the expiration of the five years.</p> <p>Adverse Possession as Bar to Becovery.—Adverse possession, in order to bar a recovery by the true owner* must have continued, without interruption, during the statutory period. If interrupted, even by force or fraud, and the possession be recovered by a peaceable or forcible entry, or by process of law, the continuity is broken, and the statute begins to run only from the time of the reentry.</p>