The herald., 1897-07-25
DENIED THE
SQUATTERS
The Right to San Fernando
Lands
A SCHOOL CONTRACT CASE
DIVORCE PROCEEDINGS THE
ORDER OF THE DAY
The last uparkhurstiupv Case Taken
A SCHOOL CONTRACT CASE
DIVORCE PROCEEDINGS TIL
ORDER OF THE DAY
The Last '.Parkhursting" Case Taken
Under Advisement-Misce
neous Court Notes

After for many months having under
consideration the suit of the Los An
geles Farming and Milling company, re-
spondent VS.. Thompson ct al, appel
down a decision in which the judgment
and order appealed from are affirmed.
A number of squatters went upon the
lands in dispute. denying in toto the title
by virtue of which the Farming and
Milling company held possession. The
action was brought against large
number of defendants to recover posses
sion of the lands. and to restrain the de-
PENDANTS from doing injury to them. AS
described in the complaint the lands
form the south half of the Rancho ex-
Mission de San Fernando, with certain
exceptions In the lower court most of
the defendants suffered default, but
eight of them made answers to the com
plant upon which the cause was tried
before jury, At the close of the trial,
upon the motion of the plaintiff the court
directed the jury to find verdict in its
favor against the defendants, and from
the judgment and order denying new
trial an appeal was taken.
At the trial the plaintiff introduced in
evidence patent from the United States
to Eulogio de Cells for the Rancho ex-
Mission de San Fernando, dated Jan. S,
1873, and showed that the grantor of the
plaintiff, who had purchased an undi-
vided half of the rancho in 1869, had, af-
ter the issuance of the patent, brought
suit for a partition of the rancho, and
that by the decree in that suit was
awarded the tract described in the COM
plant. The patent recites that in the
petition of the claimant presented to the
board of land commissioners. he claim
ed the confirmation Of his title to. a tract
of land known by the name of Mission
of San Fernando, containing fourteen
square leagues, said claim being founded
on Mexican deed of grant to the petit
TONERS, made on the 18th day of June,
1916, by Pho Pico, then constitutional
governor of the department of the Cali
fornias"
The defendants offered to show in evil
dence the petition of Eulogio de Cells to
the board of land commissioners for the
confirm alton of his claim to the land,
together with copies of the grant from
Governor Pico to him; the decree of con-
tirmation of the claim by the board, with
their opinion upon it's validity, and
stated in connection with their offer that
they proposed to prove by the petition
and by such alleged grant that the pc
titioner did not claim said lands, or any
part thereof, by virtue of any right, or
title derived from the Spanish or Mex
lean government; that they wished TO
prove by said documents that said grant
was void, for the reason that it was an
attempted grant of mission lands re-
served from and not subject to grant un-
der the laws and regulations of the Mex
lean government, and that the facts
stated in said petition and in said grant
proved that said board had no jurisdic-
ton over the subject matter of said case,
and that the. decree confirming said
claim was without jurisdiction, and
void" Upon the objection of the plain
competent and immaterial, it was ex-
cluded by the court. The defendants
claimed this ruling Of the court was er-
roneous. and cited cases to sustain their
contention, but the supreme court holds
that the cases named were appeals taken
by the United States directly from the
decree of confirmation, and We're direct
attacks upon the validity of the judg-
1ar1ts mn a Lad w eui-
dence offered in this case was for the
purpose of collateral attack upon the
validity of the decree of confirmation.
Appellants also claimed that the court
erred in directing the jury to find a ver-
dict in favor of the defendant, but the
supreme court says that if the evidence
is such that the court would be bound to
set aside a verdict in favor of one party
as contrary to the evidence, the matter
becomes a question of law to be ruled
upon by the court, and it is not required
to submit the case to the arbitrament ofa
jury, but may direct verdict in ac-
cordance with its ruling upon the ques-
ton of law; that the verdict must be in
accordance with the evidence, and can
not be given from conjecture, or at the
arbitrary discretion of the jury
Other less important points are touch
ed upon by the supreme court, and par
ticularly the discrepancies in the sew
eral surveys of the land. Despite these
contradictions the court holds that Oh
rancho having 10000 acres, with A
exterior lines of boundary, the descrip-
ton is sufficiently definite if the entire
body of field notes afford sufficient data
for location.
In this opening the two important is
sues raised have not been touched upon
by the supreme court, viz: the lack of
jurisdiction upon the part of the trial
court, and the absence of any founda-
ton survey upon which a patent could
be based. The appellants contention
was that when the land commissioners
sat they did so as a special court to
pass upon Spanish and Mexican grants
and those only, while Eulogio de Cells
connection with the land was one mere
~ Of mortgage. Assuming that to be
true. the superior court would not have
jurisdiction, and would result in legal
tribunal recognizing something nom
existent. The absence of a survey upon
~ L. - 4 = \.