Beach v. Gabriel
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. Action to recover possession of a lot in the City of San José and within the boundaries of the former Pueblo de San José de Guadalupe.
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Appeal from the District Court, Third Judicial District, Santa Clara County. Action to recover possession of a lot in the City of San José and within the boundaries of the former Pueblo de San José de Guadalupe. The plaintiffs had by mesne conveyances the title which Maria Rufina Garcia acquired by a grant made by James C. Conroy, First Alcalde of the Pueblo, on the 26th day of December, 1849, of which the following is a copy: “Whereas, Maria Rufina Garcia has applied to this office' for a title to the land' left her by her father, Francisco Garcia, she having neglected to obtain one until…
1Opinion of the Court
By the Court, Sanderson, J.
The ordinance of the 1st of December, 1849, was not the act of Antonio Maria Pico as Prefect, but was, as it purports, the act of the Ayuntamiento, attested by Antonio Maria. Pico as President of that body, and James W. Weeks as Secretary. Nor can it be construed to be a grant by the Ayuntamiento of the land in question to Maria Merced de Avila. It is. not framed in the language of a grant, either under the Mexican or American system. It is manifestly a mere conditional order or direction on the part of the Ayuntamiento to the proper functionary to the effect that a…
2Cases cited1 opinion
- Johnson v. DykeCalifornia Supreme Court · 1862
3Cited by5 opinions
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