Trenouth v. Gilbert

Sharpstein, J. Unless his cause of action is barred by the Statute of Limitations, the plaintiff is entitled to a part of the relief prayed in his complaint. By the deeds of Maria Louisa and Juan B. Buelna, plaintiff acquired whatever right or interest they had in the rancho San Gregorio, at the date of said deeds. They never had more than an undivided fifth interest in said rancho, and previously to their conveyance to the plaintiff they had conveyed all their interest in four thousand acres of said rancho to one Hamilton. So that the interest conveyed to the plaintiff is not more than an undivided one fifth of the residue of said rancho. In 1839 said rancho was granted by the Mexican government to Antonio Buelna, who in 1842 made a will by which he devised the entire rancho to his wife Maria Concepcion Valencia, Juan Bautista Buelna, and three others, share and share alike: that is, to each an undivided one fifth. In 1842 said Antonio died, leaving said Avill and all of said deAusees surviving him. In 1846 said Juan Bautista died intestate leaving, him surviving, as his only heirs-at-law, the said Maria Louisa and Juan B. Buelna. After the death of her [406]husband said Maria Concepcion made a conveyance of one league of said rancho to one Castro; and in 1852 said Castro and said Maria Concepcion presented a petition to the board of land commissioners to have the claim of said Castro to one league, and the claim of said Maria Concepcion to the other three leagues, confirmed, and their said respective claims were accordingly confirmed, and patented to them in 1861. That they held the legal title to an undivided interest in said rancho in trust for the said Maria Louisa and Juan B. Buelna is too clear to admit of any doubt.

The court found that “the defendants, and those from and under whom they hold and claim the possession, have been in the open, notorious, and exclusive possession of the premises described in the complaint, holding separately, as stated in their several answers, claiming to own the same and to have the whole title thereto for more than five years next before the commencement of this action.

“ The defendants, and those from and under whom they respectively hold and claim, more than five years before the commencement of this action, to wit, in the year 1857, being in possession respectively as aforesaid, acquired by purchase all the right, title, and interest of the patentees and all of the legatees under the said will of Antonio Buelna, except said Juan B. Buelna, to their respective portions of said land, and still hold and own the same.