Anderson v. Fisk
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. The complaint averred that the plaintiffs had title in fee simple to the demanded premises, and that “said premises were a part of the Rancho Los Putas, commonly called the Vaca and Peña Grant, granted to said Vaca and Peña by the Mexican authorities, and finally confirmed to them by the United States Courts, and duly patented,” etc. The pleadings were not verified.
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Appeal from the District Court, Seventh Judicial District, Solano County. The complaint averred that the plaintiffs had title in fee simple to the demanded premises, and that “said premises were a part of the Rancho Los Putas, commonly called the Vaca and Peña Grant, granted to said Vaca and Peña by the Mexican authorities, and finally confirmed to them by the United States Courts, and duly patented,” etc. The pleadings were not verified. The answers contained first, a general denial, and the several special defenses. The plea of the Statute of Limitations was as follows : “For further answer…
1Opinion of the Court
By the Court, Crockett, J. :
This is an action in the usual form to recover a tract of land, which is a portion of a larger tract which was granted and has been finally confirmed and patented to Yaca and Peña. The plaintiff's claim title from Yaca under a deed made in 1848, and which was recorded in December, 1851, but without any acknowledgment or proof of its execution. The defendants claim title under two subsequent deeds, one from Yaca and the other from Peña, both of which, though subsequent in time to the plaintiffs’ deed, were first recorded. Several answers were filed by the…
2Cases cited7 opinions
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- Call v. HastingsCalifornia Supreme Court · 1853
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