Walbridge v. Ellsworth

Citations

• 44 Cal. 353

Syllabus

<p>Objection to a Deed as Evidence.—The objection to a deed offered in evidence in an action of ejectment, that it does not embrace the premises in controversy, is not well taken, unless the deed shows on its face that it does not embrace such premises.</p> <p>Effect of Deed as Evidence.—After a deed is admitted in evidence in ejectment it is necessary for the party claiming under it to show that it embraces the premises in controversy.</p> <p>Effect of Deed of Grantee before Mexican Grant is Confirmed.— A deed given by the holder of a Mexican grant, before the confirmation and the issuance of a patent by the United States to him, vests in the grantee the legal title to the land conveyed by the deed.</p> <p>Presumptions as to Character of a Deed.—When the record on appeal does not contain a deed offered in evidence, the appellate Court will assume, if necessary, in support of the judgment of the Court below, that it was in fee with full covenants of warranty.</p>