Valentine v. Sloss

Citations

• 103 Cal. 215
• 37 P. 326
• 1894 Cal. LEXIS 752

Syllabus

<p>Mexican Grant—Tide Lands—Don clusiveness of Patent—Control of Decree.—Where a decree of confirmation under a Mexican grant followed the language of the grant bounding the land upon the bay of San Francisco, and the survey and the patent extended beyond the line of extraordinary high tide, and to ordinary high tide, so as to include tide lands claimed by the defendants under patents from the state, the survey and patent will control as to the land granted by the United States, and entitle a plaintiff claiming under that patent issued to the confirmees of the grant to recover the tide lands in controversy.</p> <p>Id.—Evidence—Delivery of Juridical Possession—Contradiction of Patent.—Evidence of delivery of juridical possession is not admissible to control the effect of the patent of the United States confirming a Mexican grant.</p> <p>Id.—Void Approval of Survey.—The district court had no jurisdiction to affirm a survey of a Mexican grant which was approved by the surveyor general before the passage of the act of June 14, 1860.</p> <p>Id.—Statute of Limitations.—The statute of limitations does not begin to run against the confirmee of a Mexican grant until the patent has been issued.</p>