Merrill v. Chapman

Citations

• 34 Cal. 251

Syllabus

<p>Findings in Ejectment.—If, in ejectment, both parties claim title derived from the common source, through different chains, and the cause is tried by the Court, which finds the facts upon which plaintiff claims title, and that title is in plaintiff, hut does not find any of the facts respecting defendant’s claim of title, the presumption from the findings is, that the defendant had no title.</p> <p>Exception to Findings of Fact.—If the Court, in its findings of fact, fails to find on an issue made in the pleadings, this defect cannot be taken advantage of on appeal, except the findings in the Court below are excepted to as defective.</p> <p>Findings of Fact in Ejectment.—In ejectment, when title is found in one party, the Court is not required to find the facts constituting the other parties’ claim of title, hut if counsel request it the better practice would bo to make such finding.</p> <p>When Title by Mexican G-rant Takes Effect.—A title depending upon the confirmation and survey of a Mexican grant, takes effect by relation at the date of filing the petition, and will prevail over a subsequent patent issued upon a purchase from the United States.</p> <p>Facts in Issue not Found.—If the Court docs not find upon a fact in issue, and the evidence is not set out in the transcript, the appellate Court will not undertake to say that it was proven. Evidence tending to prove a fact does not necessarily amount to proof of the fact.</p>