Smith v. Athern

Citations

• 34 Cal. 506

Syllabus

<p>doings Unsupported by Evidence.—Where certain findings are unsupported by any evidence, as contained in the settled statement on a motion for new trial on the ground that said findings are against the evidence: held, that such findings should be set aside.</p> <p>Idem—Presumption that Statement Contains all the Evidence.—In such case, even if the statement failed to show affirmatively that it contained all the evidence pertinent to the motion, yet that it does so contain it will be presumed.</p> <p>Settling Statement—Diminution of Record.—Where material facts to the prevailing party are admitted on the trial, and a motion for new trial is made on the ground of the insufficiency of the evidence to sustain the verdict or other • decision, it is the duty of the respondent to see that they are included in the statement on said motion; or, if they form part of the records of the ease, then to have them supplied, upon suggestion, in this Court, of a diminution of record.</p> <p>Void Location of School Warrants.—The location of a State school land warrant on unsurveyed public land is void.</p> <p>Conflicting Patents from the United States and this State.—At common law, and under our mode of procedure, in case of conflicting patents to land from one paramount source, the Court, in actions of ejectment, will look behind the patents and ascertain which party had the prior equity; and, when ascertained, it will attach itself to the legal title, which, by relation, takes effect at the timo the equity accrued; and thus a junior patent founded on a prior equity will prevail over an elder patent founded on a junior equity. Idem.—In 1855, the congressional township embracing the land in controversy was surveyed by the United States; on the 7th day of March, 1856, one Vance filed application in the proper United States Land Office to locate certain California school land warrants on the land in controversy, and on the 10th of the same month the Register of said Land Office approv