Vanderslice v. Hanks

Citations

• 3 Cal. 27

Syllabus

<p>A grant of land made while the country was under the dominion of Mexico, must be tested by the rules of law which then prevailed. The cession to the United States has worked no change in the legal rights of private persons.</p> <p>The power of the Mexican Government to grant land, is derived from the Congressional decree of 1824, and the regulations of 1828.</p> <p>When the regulations require that a grant shall not be held to be sufficiently valid without the previous consent of the Territorial Deputation (legislature), and provides that the definitive grant being made, a document signed by the governor shall be given to serve as a title to the grantee, and the governor delivers the title,—the presumption arises that the governor fulfilled his duty, and that the grant had the approval of the legislature, and if the contrary be asserted, it must be shown by proof.</p> <p>Nor is this view weakened by the words in the deed, “ subjecting himself (the grantee), to the approbation of' the most excellent departmental assembly.”</p> <p>And is strengthened in view of the disordered state of the country, the irregularity of legislative proceedings, and the absence or loss of these records.</p> <p>If it was the duty of the grantor to obtain the legislative approval, and the governor, who had the sole power, had exercised it, and made the grant, the necessity of obtaining their approval was a condition subsequent to the grant.</p> <p>A grant made on a condition subsequent, where no time is limited for its performance, and the condition becomes impossible, the grant becomes single and absolute in the grantee.</p> <p>When the land granted is described by specific boundaries, and the deed is accompanied by a diagram or plot, which it expressly mentions as descriptive, although more land is contained within the description than the quantity called for by the grant, and a judicial survey is required to be made by the grantee, the failure to procure such survey works no forfeitur