Stark v. Barrett

Citations

• 15 Cal. 361

Syllabus

<p>Aexer notice of exception to the sufficiency of the sureties on an undertaking on appeal to the Supreme Court, they cannot justify without notice to the adverse party; and in this case, the justification being made without notice, the appeal was ordered to be dismissed, unless appellants, within ten days, file a new undertaking, and the sureties thereon justify upon notice to the respondent.</p> <p>In ejectment, a variance between the alleged seizin and right of possession of plaintiff, and the date of the conveyance to him, is immaterial, if the latter be previous to the commencement of the action. Bight of possession in plaintiff, and occupation by defendant at that time, are sufficient.</p> <p>The date at which plaintiff’s right accrued, or defendant’s occnpation began, are material only with reference to the claim for mesne profits.</p> <p>A patent is conclusive evidence of the existence, validity and confirmation of the grant which it recites, as against the United States, and persons claiming under the U. S. by title subsequent.</p> <p>The patent is the last act of a series of proceedings taken for the recognition and confirmation of the patentee’s right to the land it embraces, the first of which is the petition to the Board of Land Commissioners. With reference to such proceedings, the patent takes effect, by relation, at the date of the first act. As the deed of the United States, it is to be regarded as if it had been executed at that time. It operates as an absolute bar to all claims under the United States arising subsequent to the petition.</p> <p>The patent establishes the title of the patentee, from the date of the grant; the character of such title depending, up to the issuance of the patent, upon the nature of the grant, and the proceedings of the former government in relation thereto; whether the grant were of a specific tract segregated from other land by defined boundaries; or whether the grant were of a certain quantity of land lying in a lar