Aurrecochea v. Hinckley

WALLACE, J.,

Concurring. — I concur in the opinion and in the judgment. To prevent possible misunderstanding, however, it is perhaps material to observe that the plaintiffs here have no patent, nor any determination of the survey under the act of Congress of June 14, 1860. They have, therefore, no final confirmation of title: Johnson v. Van Dyke, 20 Cal. 225; Davis v. Davis, 26 Cal. 46, 85 Am. Dec. 157; Beach v. Gabriel, 29 Cal. 580; Mahoney v. Vanwinkle, 33 Cal. 448.

The possession of the defendant, though held under Wilkinson and Pacheco, was nevertheless adverse as to the title of the…