Thornton v. Mahoney

Citations

• 24 Cal. 569

Syllabus

<p>Presumption as to Character of Mexican Grant.—Where a specific quantity of land has been confirmed to a grantee claiming under a Mexican or Spanish grant or to his assigns, and a survey has been made of the quantity confirmed, which survey has been set aside by the United States District Court, the presumption is that the grant was of a specific quantity to be selected and segregated within the area of a larger tract.</p> <p>Plight to Possession of Mexican Grant.—A grant by the Mexican or Spanish Government of a specific quantity of land within the area of a larger tract, gave to the grantee such an interest in the entire tract as entitled him to the right to its exclusive possession, as against all persons except those having an interest in or right to the possession of the same, or some part of it, under the Government, until such time as the Government segregated the quantity granted from the general tract.</p> <p>Same. — Until the Government of the United States restricts the possession of those claiming under a Mexican or Spanish grant, by a segregation and location of the quantity granted, the grantee or his successor in interest is entitled as against third persons without title to the possession of all of the land within the exterior boundaries described in the grant. «</p> <p>Same—Pending Appeal from Order Confirming Survey.—If a grant has been confirmed, and a survey of the quantity confirmed has been made by which it has been located within the exterior boundaries of the larger tract mentioned in the grant, and an appeal has been taken from an order confirming the survey, the grantee or his assignee is entitled to the possession of all the land within the exterior boundaries of the grant until the final determination of the appeal.</p> <p>Stay of Proceedings Pending such Appeal.—A bond to stay proceedings is not necessary in order to perfect an appeal from a decree of the District Court of the United States approving of a survey of a Mexican or Spanish