Yates v. Smith

Citations

• 38 Cal. 60
• 1869 Cal. LEXIS 110

Syllabus

<p>Confirmation of Survey of Mexican Grant.— Case decided upon the authority of Treadway y. Semple (28 Cal. 652), and Semple v. Wright (32 Cal. 659.) Crockett, J., dissenting.</p> <p>Idem.—Under the Act of Congress of June 14th, 1860, the confirmation of a survey is a judicial act, and the decree of confirmation has the force of res adjudicata against all persons, whether they intervened or not.</p> <p>Effect of the Confirmation of Different Surveys of the same Land under Different Grants.—If the owner of a Mexican grant, who has obtained a confirmation of his survey is bound by a subsequent confirmation of a survey embracing the same land under another grant, the latter confirmee is equally bound by the decree approving and confirming the first survey; and in such case the Court will look behind the confirmations, and ascertain which has the prior equity. Ter Crockett, J.</p> <p>Mexican Grant for a Specific parcel of Land.—The elder grant gives the better title where it calls for a specific and ascertained parcel of land. Crockett, J.</p> <p>Grant for a Specified Quantity of Land out of a much larger Body. — But, if a grant calls for a specified quantity of land to be located within certain larger exterior limits, the Government thereby reserves to itself the exclusive right to locate the quantity granted. Crockett, J.</p> <p>Subsequent Grant of a portion of the Overplus.—If the Government subsequently granted to another, a portion of the overplus within certain designated bounds, this is, pro tanto, a location of .the first grant, and an unequivocal declaration that the first grant should not be so located as to include the land embraced in the second. Crockett, J.</p> <p>Idem.—In such case, the confirmation of the survey under the second grant ought not to be affected by the subsequent confirmation of the survey under the first grant-—there being more than sufficient land, within the exterior limits called for in the grants, to satisfy the requirements of both. C