Cottle

— It is true that on the eighteenth day of April, 1863, the title of the plaintiff had not been finally confirmed, within the intent of section 7 of that act — that is, the patent had not been issued by the government of the United States, nor the official survey of the rancho finally determined. Even if we are to hold that in such a case the bar of the statute became applicable in April, 1868, and that the action would, therefore, fail, because not commenced until December of that year, we could only do so upon the assumption that the possession of the defendant had been adverse during all that period of time; but the court below found as a fact that the possession of the defendant was not adverse in its character. In view of this fact, the time at which the plaintiff’s title became finally confirmed is wholly immaterial. One of the grounds of the motion for a new trial is that the evidence does not support this finding. Upon the trial the character of the defendant’s possession was brought prominently in controversy. The defendant was examined and cross-examined upon that point, as were other witnesses. The defendant also proved that he first entered under the deed from Williams…