De Miranda v. Toomey (1875) · DecisionDepot

De Miranda v. Toomey

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4519Published

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Holding. The court held that the action was not barred by the Statute of Limitations because it was commenced in 1872, one year after the patent was issued.

Issues

Whether the action was barred by the Statute of Limitations.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The only defense interposed by the defendants is based upon the Statute of Limitations.”

“The patent under which the plaintiff claims was issued in 1871, and the action was commenced in 1872.”

“Judgment and order denying a new trial affirmed.”

Synopsis

Limitation of Actions.—The Statute of Limitations in respect to a Mexican grant is not set in motion by a survey made under the act of Congress of June 14, 1860, becoming final. The statute in such case does not commenge running until the patent issues.

By the Court: The only defense interposed by the defendants is based upon the Statute of Limitations.

The patent under which the plaintiff claims was issued in 1871, and the action was commenced in 1872. The circumstance that the survey became final in 1863, under the act of June 14, 1860, is of no moment. (Gardiner v. Miller, 47 Cal. 570; Reed v. Ybarra, 50 Cal. 465.)

Judgment and order denying a new trial affirmed.

De Miranda v. Toomey

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