Neil v. McNear

Citations

• 57 Cal. 424

Syllabus

<p>Construction of Statute—Public Land—Possessory Bights—Easement— Petaluma—Santa Clara.—Prior to the passage of the Act of Congress of March 1st, 1867, granting to the towns of Petaluma and Santa Clara the lands within their respective limits in trust for the parties in the bona fide occupancy thereof, B. was in such occupancy of a certain tract of land within the former town. He conveyed a portion thereof to H,, reserving a right of way over a certain strip of the land granted. H. entered into the actual occupation of the whole of the land granted to him, and was in possession at the date of the passage of the said act, and he received a deed thereof from the town of Petaluma. He then conveyed to the plaintiff. B. conveyed the residue of said tract, together with said right of way, to the defendant. Held, that the Act, and the deed thereunder, did not operate to destroy hut to protect the right of way in the defendant.</p>