President of San Diego v. Allison

Citations

• 46 Cal. 162
• 1873 Cal. LEXIS 152

Syllabus

<p>Action to Eemove Cloud from Title.—If, in an action to remove a cloud from the title to land, the Court finds that neither party has tille to the premises in controversy, neither is entitled to judgment as against the other; but the action should be dismissed. The fact that the plaintiff is in possession does not entitle him to judgment, for possession is not title, but only evidence from which title may be presumed.</p> <p>Idem.—If the plaintiff in an action to remove a cloud from the .title to land has no title, an abortive attempt by the defendant to purchase the land from another, not authorized to sell it, cannot constitute a cloud on the plaintiff's title, nor depreciate the value thereof.</p> <p>Survey of Mexican Grant.—After a decree is made confirming a Mexican grant of land, a survey is necessary to fix and determine the boundaries of the land confirmed; and when such survey has been made and approved as required by law, the Courts will not go behind it and look into the decree to ascertain what are the boundaries of the grant.</p>