Rich v. Maples

Citations

• 33 Cal. 102

Syllabus

<p>Possession op Mexican Grant.—The holder of a grant of land made by Mexico, of a specific quantity, to be located within the exterior limits of a larger tract, acquires a vested interest in the larger tract which entitles him to the possession of the same, and the rents and profits thereof, until the specific quantity granted is segregated by the Government.</p> <p>Act declared Unconstitutional.—The Act of April 26th, 1858, which provides that a person ousted from the possession of land, in an action at law, by a person claiming title under a foreign grant, which shall thereafter be so located as not to include the land recovered, may recover back the land and the rents and profits thereof, is unconstitutional if applied to land where the grant is of a specific quantity, to be selected within the exterior limits of a larger tract, and the land recovered is within such exterior limits.</p> <p>Bents and Profits.—The person entitled to the possession of land is also entitled to the rents and profits, and the Legislature has no power to enable another person, who has no title, to recover from him those rents and profits.</p> <p>Possession of Public Land.—A person in possession of public land under a judgment giving him possession, is presumed to be rightfully in possession until some one shows a right to the possession derived from the United States.</p>