Burton

The action (commenced in 1871), is ejectment, and the plaintiffs—one of whom, Henry Burton, is an infant—allege that they are seized in fee and entitled to the possession of the premises in controversy as tenants in common. The defendant denies the title of the plaintiffs, and also sets up the Statute of Limitations as a defense. It appears that the title upon which the plaintiffs rely is founded upon a Mexican grant issued in 1845; that the claim based upon this grant was presented for confirmation pursuant to the act of Congress, March 3, 1851, to ascertain and settle private land titles in California, and was confirmed by the District Court of the United States in 1870, and by the *188 Supreme Court, upon appeal, in 1872. No proceedings concerning a survey of the premises have taken place. The defendant proved that he and his grantor had been continuously in possession of the premises from the year 1862 down to the commencement of the action. The court below, upon these facts, gave judgment for the plaintiffs for the recovery of the whole of the premises.

1. It is clear that the Statute of Limitations afforded no defense as against the infant plaintiff Harry. (Act of April 18,…