Mendenhall v. Paris

Citations

• 84 Cal. 193
• 23 P. 1095
• 1890 Cal. LEXIS 786

Syllabus

<p>Quieting Title —■ Patent Confirming Mexican Grant. — Evidence of the plaintiff, in an action to quiet title, tending to show that the premises in controversy were, within the patented lines of a confirmed Mexican grant, under which he deraigus title, is sufficient to make at least a prima facie ease in his favor.</p> <p>Boundaries — Intermediate Monument — Common Boundarv as a Terminal Monument. — While courses and distances in boundary lines are controlled by monuments, yet an arroyo, described in a patent confirming a Mexican grant as being at an intermediate point on a boundary at a certain distance from a station at the end of the line, is not entirely controlling as to such distance, or as to the locality of such station, if the station at the terminal point is further described as being at the intersection of the line with the boundary of an adjoining grant, the true location of which is settled and undisputed, and which operates as a natural boundary or monument, it being the evident purpose of the survey for the patent to make such latter boundary common to the two grants, and not to leave a long narrow gore between them, which would result if the distance of the station from the arroyo should control as to the terminus of the line.</p>