Mayor of San José v. Uridias

Citations

• 37 Cal. 339

Syllabus

<p>Proof in Ejectment for Pueblo Lands.—In ejectment brought by a town or city, as the successor of a pueblo, and to which the pueblo lands were confirmed, it devolves on the plaintiff to show not only that the demanded premises are within the exterior limits of the land confirmed to the town or city, hut if the decree excepts from its operation certain lands within the tract confirmed, the plaintiff must also show that the demanded premises are not a part of the excepted lands.</p> <p>Decree Confirming Mexican G-rant.—If a decree confirming a Mexican grant of land confirms it hy metes and bounds, subject to “deductions,} of certain ranchos (naming them) within the exterior bounds of the confirmed grant, and then provides that the excepted ranchos are excluded from the confirmation, the confirmation extends only to such lands as are not included within the excepted ranchos.</p> <p>Ejectment Prematurely Brought.—If pueblo lands are confirmed to a town or city, as the successor of a Mexican pueblo, and the decree excludes from the confirmation certain ranchos granted by the Mexican (3-overnment within the exterior boundaries of the pueblo, the confirmee cannot maintain ejectment as against those claiming under the excepted grants within the pueblo until they have been finally confirmed and located by an approved survey. The action cannot be maintained while an appeal to the Supreme Court is pending from an order of the District Court of the United States confirming the survey of the excepted ranchos.</p> <p>Construction of Stipulation.—A stipulation concerning the location of one of the lines of a Mexican grant of land as surveyed under a decree confirming the grant, will not he construed as admitting that the line was correctly surveyed, unless from the whole reading of tho same it appears to have been the intention of the parties.</p>