Heirs v. Carpenter
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Monterey. On the trial of this cause, the Court below, sitting as a jury, found the following facts: “ This cause having been submitted to the Court by the parties, and the Court, being sufficiently advised, finds that in the year seventeen hundred and ninety, Manuel Nieto obtained a written permission, not a grant of the title, from Pedro Pages, the Governor of California at that time, under the crown…
Read the full summary
Appeal from the District Court of the Third Judicial District, County of Monterey. On the trial of this cause, the Court below, sitting as a jury, found the following facts: “ This cause having been submitted to the Court by the parties, and the Court, being sufficiently advised, finds that in the year seventeen hundred and ninety, Manuel Nieto obtained a written permission, not a grant of the title, from Pedro Pages, the Governor of California at that time, under the crown of Spain, to graze cattle on a tract of land situated in the county of Los Angeles, in this State, and now known as the…
1Opinion of the CourtMurray, C. J.
We shall not take up the arguments of the counsel in the *533order in which they were made, as it will not be necessary to pass on all the points raised.
The finding of the Court below, that Manuel Nieto, the ancestor of the plaintiffs, entered into possession by virtue of a permission, or license, from the Spanish Government, to graze his cattle thereon, and not under a deed, or grant, is undoubtedly correct, if drawn alone, from the parol evidence adduced to rebut the presumption of a grant which would arise from his ancient possession and occupation; for the presumption of a grant arising from…
2Cited by6 opinions
- People v. TiltonCalifornia Supreme Court · 1869
- Reid v. State ex rel. ThompsonIndiana Supreme Court · 1881
- Heirs of Nieto v. CarpenterCalifornia Supreme Court · 1863
- Burgess v. FairbanksCalifornia Supreme Court · 1890
- People ex rel. Hartford Life & Annuity Ins. v. FairmanNew York Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.