O'Connell v. Dougherty

Citations

• 32 Cal. 458

Syllabus

<p>Legal Title to Confirmed Mexican (3-rant. — A judgment of the Board of Land Commissioners, or of the District Court of the United States, that the claim of the petitioner to a Mexican or Spanish grant is valid, and that the same be confirmed, vests in the petitioner the legal title, notwithstanding he petitioned as administrator with the will annexed of the estate of the grantee, by which will the land was devised to several different persons, himself among the number, and stated the contents of the will in his petition, and prayed tha€ the land might be confirmed to the parties entitled thereto, and notwithstanding his appointment as administrator was void.</p> <p>Idem—Equitable Title.—In such caso the devisees under the will, other than the petitioner, have an equitable title, and the confirmee holds the legal title as trustee for the benefit of the devisees.</p> <p>Ejectment.—Ejectment cannot be maintained on an equitable title. „</p> <p>Ejectment on Equitable Title.—If the confirmee of a Mexican grant holds the legal title acquired by the confirmation in trust for other persons, such persons cannot maintain ejectment for the land.</p>