51 Cal. 465 | Cal. | 1876
This is an action of ejectment to recover the possession of a portion of the Tolenas rancho. The title was confirmed to the heirs of Antonio Maria Armijo, deceased; and a patent was duly issued to them by the "United States, in pursuance of the decree of the confirmation and the survey of the rancho. The plaintiffs claim title by means of conveyances made by the heirs, intermediate the filing of their petition for the confirmation of their claim to the rancho, and the issuing of the patent. The defendants claim title through a sale and deed made by the administrator of the estate of Antonio Maria Armijo, deceased, under the orders of the probate court of Solano óounty. They do not set up an equitable defense, nor do they allege any facts by means of which the confirmation or patent inured to their benefit.
The land described in the grant was confirmed to the petitioners, Dolores Eiesgo and others who are named, and are described as the heirs of Antonio Maria Armijo, deceased, and the patent was issued to them; and the effect of the confirmation and patent was to vest in them and their grantees the legal title. That title must prevail in an action of ejectment in the absence of a valid equitable defense. If it be conceded that the defendants have shown a valid deed, executed by the administrator of the estate of Antonio Maria Armijo, deceased, sufficient to convey the interest which the deceased had in the land, such deed will not entitle them at law to the benefits of the confirmation and patent. The legal title vests in the confirmees and their assigns, and not in the assigns of their ancestor or grantor. (Estrada v. Murphy, 19 Cal. 272; Clark v. Lockwood, 21 Cal. 222; Emeric v. Penniman, 26 Cal. 119; O’Connell v. Dougherty, 32 Cal. 462; Schmitt v. Giovanari, 43 Cal. 617.) In Emeric v. Penniman, the grantee of the Mexican government filed a petition for the confirmation of the claim, but after his death, his devisees were substituted as parties in
Judgment and order reversed and cause remanded for a new trial.
Mr. Chief Justice Wallace did not express an opinion.