Natoma Water & Mining Co. v. Clarkin

Citations

• 14 Cal. 544

Syllabus

<p>In a complaint in ejectment, parties may seek, in addition to a recovery of the premises, an injunction restraining the commission of trespass in the nature of waste pending the action, but the grounds of equity interposition should be stated subsequently to, and distinct from, those upon which the judgment at law is sought.</p> <p>Where plaintiffs, having excepted to tlic ruling of the Court excluding certain evidence, take, in consequence of such ruling, a nonsuit, with leave to move to set it aside, they do not waive any of their rights as to the exception taken. Objections to the introduction of evidence confined, in the Appellate Court, lo the grounds taken below.</p> <p>A duly certified copy of a Mexican grant, from the IT. S. Surveyor-General’s office, is admissible in evidence, againsu the objection that the absence of the original is not accounted for. But it is admissible only when the original itself would be. The statute (Acts of 1357, p. 317,) simply removes the objection to the copy as secondary evidence.</p> <p>A certificate of the Surveyor-General, that the paper “ is a. true and accurate copy of ». document ” on file in his office, is sufficient, against the objection, that the copy is not duly authenticated, it being conceded that such document wa» the original grant.</p> <p>In ejectment on a Mexican grant, the decree of the Land Commission confirming it, rendered final by the withdrawal on the part of the United States of any appeal therefrom, and an order of the District Court permitting the claimant to proceed thereon as on final decree, are conclusive evidence of the validity of the grant, of its recognition by the United States, and also of the location of the specific quantity granted—the decree in the case confining the claim under the grant, to a. particular tract, describing it with specific boundaries.</p> <p>Such a decree and order, in connection with the grant, arc as conclusive as to the title of plaintiífs as a patent, provided the