Pleading — Conclusions of Law — Demurrer. —Conclusions of law in a pleading, so far as they are correct, are useless, and when erroneous are worse than useless, and in either case will be treated as if not alleged, in considering objections to the pleading raised by demurrer.

Id. — Laws of Spain and Mexico — Judiciai. Notice. — The laws of Spain and Mexico which were in force in California prior to its conquest will he judicially noticed; and allegations in a complaint contrary thereto are not admitted by a demurrer to the complaint.

Id. —Municipal Laws of Conquered Province. —The municipal laws of a conquered territory do not cease to exist by reason of the conquest and change of sovereignty, but continue in force, so far as not repugnant to the paramount laws of the new sovereign, until changed by the legislature; they are not to be treated as foreign laws, and need not be alleged and proven as facts.

Mexican Grant — Prefect’s Grant of Pueblo Lands — Confirmation — Rights of City — Third Persons. — The city of San Francisco, as successor of the pueblo, and those claiming under the city, are third persons within the meaning of the act of Congress of March 3, 1851, who are not concluded by the confirmation in the district court of a grant of pueblo land made by a prefect and opposed by the alcalde of the pueblo, but approved by the governor of the department by virtue of bis superior power to grant vacant lands within the boundaries of the pueblos, irrespective of their claims to hold and dispose of them.

Id. — Adverse Title—Trust —Patent to City. —The confirmed prefect grant was held under a title independent of and adverse to the title of the pueblo, and the confirmed title of the city as successor of the pueblo; and the holder of the prefect grant cannot enforce a trust against the city and its grantees under a patent from the United States to the city.

Id. — Ejectment — Statute of Limitations — Adverse Possession.—Five years of adverse possession at any time since the passage of the act of April 18, 1863, bars an action of ejectment by the holder of an imperfect unpatented title of Spanish or Mexican origin.

Id.—Pueblo Title — Act of 1866—Running of Limitation.—Even if the prefect grant had conveyed the pueblo title, which was confirmed to the city by the act of Congress of 1866, and the benefit of that confirmation had inured to the holder of the prefect grant, either as a trust or as a title, his right of action to enforce the trust or to recover the land then accrued, and the statute then began to run against his right of action, either in equity or at law.

Id. — Legislative Grant — Patent. —Legislative grants have all the effect of a patent, so far as the transfer of title is concerned, and the conferring of a right of entry and right of action; all that the patent under the grant adds is a convenient method of proving the exact boundaries.