Morris v. De Celis
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover a tract of laud in the city of Los Angeles, being portion of the pueblo lands belonging to said city. The plaintiff averred in his complaint that his title was derived by grant from the Mexican Government, and that the grant had not been confirmed by the Government of the United States or the legally constituted authorities thereof.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover a tract of laud in the city of Los Angeles, being portion of the pueblo lands belonging to said city. The plaintiff averred in his complaint that his title was derived by grant from the Mexican Government, and that the grant had not been confirmed by the Government of the United States or the legally constituted authorities thereof. The defendant plead the Statute of Limitations as one defense. The court submitted the following questions to the jury: 1. Is the land described in the…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. Aside from the effect of the Statute of Limitations, the . verdict for the defendant cannot be supported.
The first specification of the grounds of the motion for a new trial is that “ the evidence was insufficient to justify the verdict in this: that the title to the land in controversy . vested in Henry Hancock in 1855, and since then by proper mesne conveyances vested and is now in the plaintiff in this action. There is no evidence to show that the title has ever been in the defendant.” The premises were confirmed to the city of Los Angeles by the Board of…
2Cases cited1 opinion
- Sabichi v. AguilarCalifornia Supreme Court · 1872
3Cited by2 opinions
- Riley v. HavensCalifornia Supreme Court · 1924
- Wise v. BurtonCalifornia Supreme Court · 1887