Ejectment to recover a tract of five acres of land in the southwest corner of the east half of section nine, township two south, range thirteen west, San Bernardino meridian, and lying in the county of Los Angeles.
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
How this case has been cited
Cited by 7 later decisions — most recently August 1949
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
The conveyance made by Widney of his right, title, and interest was operative under the circumstances to convey to the grantee an estate of a legal, as contradistinguished from a mere equitable character within the premises; for at the date of the delivery of the deed Widney held the certificate of location, which by the statute is itself evidence of a legal title in the holder. The patent subsequently issued was but another and the final assurance of the title which originated in the certificate of location, to which certificate the proceedings, including the patent, must be held to relate.
I therefore concur that the judgment be reversed, and cause' remanded.
