Mexican Gbant to Husbands—Conveyance and Patent to Wives— Sepabate Pbopebty—Poweb of Htjsbands.—Where a Mexican grant of a rancho to two husbands was conveyed by them to then-wives, in whose names the grant was confirmed and patented, the land so conveyed, confirmed, and patented is the separate-property of the wives, which the husbands, as such, had no-power to alienate.

Id.—Deed of Patented Land by Husbands and Wives—Exception— ' Effect Upon Title.— An exception in a deed of the patented rancho executed jointly by the husbands and their wives does not inure to the husbands and wives jointly, nor create a title in the husbands which they did not possess immediately before the deed was executed. It leaves the title to the excepted land in the wives, as their separate property, as fully as if no deed had been executed.

Id.—Reservation of Tract to be Selected and Located—Exception— Proof in Ejectment.—A deed of the patented rancho by the husbands and wives, “reserving and saving from the effect and operation of this conveyance four square miles in two separate parts, to he selected and located by the parties of the first part,” has the effect of an exception of the land reserved. But the exception does not show a title upon which an action of ejectment can be maintained, without proof that the excepted land has been selected and located.

Id.—Power of Attorney from Husband—Sale and Conveyance — Selection and Location not Included—Title not Shown.—A power of attorney from one of the husbands subsequent to such deed to sell and convey any portion of the rancho does not include power to select and locate the excepted tract of four square miles, nor can a deed by the attorney in fact of such husband of a larger tract operate either as a selection of such excepted tract or to prove any title to the land conveyed.

Id.—Exception in Deed from Grantees—Recital of Reservation by Husbands—Title not Conferred Upon Strangers.—An exception made by the grantees of the husbands and wives, in a subsequent conveyance, limited by its terms to land “heretofore disposed of and reserved” by the husbands named, cannot operate to confer title upon the husbands or upon' any strangers to the instrument.

Id.—Admission or Estoppel by Recital—Failure of Proof.—Though, such recital in the deed might, under certain circumstances, operate as an admission or estoppel in favor of the husbands named or their grantees, it cannot have that effect, where there is a failure to prove that the husbands named, or either of them, had disposed of or reserved any land prior to the conveyance.

Id.—Ejectment—Refusal of Amendment to Complaint—Rent—Title not Proved—Nonsuit.—A plaintiff in ejectment, whose proof of title has failed, is not injured by the refusal of the court to permit an amendment to the complaint, claiming rent of the demanded " premises; and a nonsuit is properly granted for failure of the plaintiff to prove title.