Clark v. Troy
California Supreme Court
Appeal from the Third Judicial District. Ejectment for a tract of land in Santa Clara County. The premises are part of a tract known as the “ Robles,” or “Rincon de San Francisquinta” tract, granted by the Mexican Government to José Pena prior to 1847, which grant has been subsequently confirmed by the Government of the United States.
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Appeal from the Third Judicial District. Ejectment for a tract of land in Santa Clara County. The premises are part of a tract known as the “ Robles,” or “Rincon de San Francisquinta” tract, granted by the Mexican Government to José Pena prior to 1847, which grant has been subsequently confirmed by the Government of the United States. In December, 1847, Pena conveyed the premises, by deed, to J. T. and S. Robles, and from them, through mesne conveyances, plaintiff derives his title. On the eighteenth day of September, 1860, the subscribing witness proved the execution of the deed from Pena to…
1Opinion of the CourtNorton, J.
Section twenty-nine of the Act concerning Conveyances, which authorizes an instrument which has been proved in the manner prescribed in that act to be read in evidence with the certificate without farther proof, is not limited to instruments to be thereafter executed ; nor do we think such an intent can be gathered from any other portions of the act. Although section forty-one accords to conveyances theretofore made and acknowledged or proved, the same force as evidence as conveyances executed and acknowledged in pursuance of that act, it does not directly or by implication jirohibit such…
2Cases cited2 opinions
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- Graff v. MiddletonCalifornia Supreme Court · 1872
- Horton v. KyburzCalifornia Supreme Court · 1959
- Lindley v. BlumbergCalifornia Court of Appeal · 1907
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