Ellis

The plaintiff, in proof of his alleged title, introduced in evidence a copy of a patent issued by the United States to the widow and heirs of Jose Maria Sanchez under the act of Congress of March 3, 1851, entitled “An Act to ascertain *74 and settle private land claims in the State of California.” It was in the usual form of patents issued under that act. It was proven by the Surveyor-General for the State of California, that he had received the patent from the Commissioner of the General Land Office by mail; that he had not delivered it to the grantees; and that he had been directed by the Commissioner to withhold the delivery until further orders from the Commissioner. The defendant, Tripp, objected to the admission in evidence of a copy of the patent on several grounds, only one of which, however, requires any consideration; which is, that the patent not having been delivered, did not take effect as a conveyance of the title. No authority is cited by the defendant in support of the objection, but he refers to the Civil Code, Sec. 1054, as decisive of the question. That section is as follows: “A grant takes effect so as to vest the interest intended to be transferred only upon…