Seale

Murray, C. J., concurred.

In the case of Cohas v. Raisin, 3 Cal., 443 , we decided: '‘That before the military occupation of California by the Army of the United States, San Francisco was a Mexican Pueblo, or municipal corporation, and was invested with title to the land within her boundaries.”

It results from this that where a plaintiff sues for a lot in the former Pueblo of San Francisco, and deraigns his title from the city, it is prima facie evidence of title. In the case of The People ex rel. Thorne v. Hays, 4 Cal., 127 , this Court decided that the statute allowing redemption of lands sold under execution, was inoperative as to those cases where the debt upon which judgment and execution was obtained, was contracted before the passage of the Act.

In this case, the judgment given in evidence to sustain the plaintiff’s title, was rendered before the passage of the Act providing for redemption, and so it must fall within the principle of the case last cited. It was therefore unnecessary that the Sheriff should have withheld the *403 deed from the purchaser until the time the redemption expired, because there was no right of redemption.

The third and last objection of…