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45 Cal. 131

Romie v. Casanova

California Supreme Court

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

The action was ejectment, in which the plaintiffs claimed title under two grants, dated August 14th, 1847, and made by John Hutton, Alcalde of the Pueblo of San José, one' of which granted land in the pueblo to Feliz Buelna, describing it as “on the south end of said town, being bounded northeast by the road to Monterey, northwest by the lot of Francisco Sesena, and by the water on the rear, and containing seventy-five varas in front, and running back on the south line one…

Decided 1872-07-01

By the Court:

¶1The Court below finds that the demanded premises were granted by the Alcalde to the defendant’s grantor in 1845, and that juridical possession thereof was given. We think the evidence justifies the finding. The words in the grant, “this lot being situated to the south of the house of the citizen Buelna,” do not necessarily imply that the lot was immediately adjoining the house of Buelna. It may well have been, where the Court finds it was, to the south of the Buelna lot.

¶2Judgment and order affirmed.

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