Wilson v. Corbier
California Supreme Court
Appeal from the Fifteenth District. Ejectment for a tract of land, being a part of the Jimeno Grant, in Colusa County. Plaintiff, in deraigning title from Jimeno, offered and read in evidence a copy of the grant, with translation attached.
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Appeal from the Fifteenth District. Ejectment for a tract of land, being a part of the Jimeno Grant, in Colusa County. Plaintiff, in deraigning title from Jimeno, offered and read in evidence a copy of the grant, with translation attached. Next, he offered a book from the Recorder’s office of Colusa County, and asked to read therefrom, what purported to be a copy, in the Spanish language, of a deed from Jimeno to Larkin and Missroon, executed in 1847. To the introduction of which defendants objected, on various grounds, but mainly that the deed, as recorded in said book, purported to be a…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
The plaintiff failed to deraign title. The deed from Jimeno to Larkin and Missroon was not proven. The deed was executed in 1847, and made a record in the office of Colton, Alcalde of Monterey. A copy in the Spanish language appears to be on the records of Colusa County. But we know no law which authorized the Recorder or Clerk of Colusa to record this copy so as to make it evidence, without further proof. This throws on the plaintiff the burden of showing a, possessio pedis in himself, or in some predecessor through whom he deduces title. But we see no such evidence…
2Cited by4 opinions
- O'Donnell v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- O'Brien v. Paterson Brewing & Malting Co.New Jersey Court of Chancery · 1905
- Smith v. California Portland Cement Co.California Court of Appeal · 1933
- Untitled California Attorney General Opinion, California Attorney General Reports1988