O'Connell v. Dougherty

By the Court, Sawyer, J. : This is an action to recover possession of a tract of land, being a part of the San Pablo Rancho, in Contra Costa County. Prior to 1831, Governor Arguello made a grant of three square leagues of land in Contra Costa County to Francisco Maria Castro. Said Castro shortly afterward went into possession, made improvements, and thereafter occupied the lands granted till his death, in 1831. Said Castro left a will, by which he devised one half of said lands to his surviving wife, and divided the other half equally among his eleven children—■ [461]one of his sons, Joaquin Isidro Castro, being named executor. Afterward, in 1834, on the petition of said Joaquin Isidro, for himself and the other parties in interest, Governor Figueroa recognized the former grant of said Francisco, and, upon his order, a formal title was made out and delivered to said Joaquin I. Castro, as the testamentary executor of said Francisco, for the benefit of the successors in interest of said Francisco. In 1852 said Joaquin procured letters of administration, with the will of Francisco annexed, to be issued to him by the Probate Court of Contra Costa County. Subsequently he presented in his own name, describing himself as administrator, a petition for confirmation of said grant, to the Board of Land Commissioners. It commences as follows:

“Joaquin Isidro Castro, administrator, with the will annexed, of the estate of Francisco Maria Castro, deceased, respectfully represents.” It then states the foregoing, among other facts, giving the names of the devisees and their heirs, etc., then interested in the estate. Throughout the petition the applicant for confirmation is continually referred to as “ this petitioner,” “ petitioner represents,” “ petitioner further represents,” etc. No person other than himself is made a party, or in any way purports to speak in the petition. He states his appointment as administrator, and evidently intends to represent the entire estate. The petition, however, closes with the following prayer : “ Wherefore, petitioner prays that said land may be confirmed and granted to the parties entitled thereto as aforesaid.” The decree of confirmation by the Land Commissioners is in the following words: “Joaquin Isidro Castro, ad., etc., of estate of Francisco Castro, deceased, v. The United States. In this case, on hearing the proofs and allegations, it is adjudged by the Commission that the claim of the petitioner is valid; it is therefore decreed that the application for confirmation be allowed,” etc. And, on appeal to the District Court, it is “ decreed that the claim of the said appellant is a good and valid claim, and the same is hereby confirmed,” etc. It is clear that this proceeding was had in the name of said Joaquin I. Castro, and the confirmation was