Rodriguez

Rodriguez v. Comstock

Good Law
1 Cal. Unrep. 604
Supreme Court of CaliforniaJuly 19, 1870No. 2001California915 words

Opinion

Lead Opinion

Crockett, J.

— If it be assumed that the findings of fact are correct and are in accordance with the proofs, it is clear *605 the conclusions of law are proper. The facts as found are, briefly, that in 1823 Sebastian Rodriguez was placed in possession of the rancho in contest by the Mexican authorities; that it is not true that at any time there was ever made or delivered by said authorities to said Sebastian and to Alexander Rodriguez, jointly, a concession or grant of said land or any part of it, nor the possession thereof, nor did they have a joint possession in any manner; that in 1827 Cooper entered as the tenant of Sebastian and surrendered the possession to him in 1831, at which time Sebastian entered into the sole and exclusive occupation, which continued until 1855; that whilst so in possession he invited said Alexander to occupy a portion of said lands; and that the only possession which Alexander ever had was by the license of Sebastian; that in 1834 Alexander preferred, before Governor Figueroa, a claim to some interest in said lands, by virtue of a pretended grant or concession alleged to have been made to himself, Sebastian and another brother in 1823, but such right was never…

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