Rodriguez v. Comstock

CROCKETT, J. — If it be assumed that the findings of fact are correct and are in accordance with the proofs, it is clear [605]the conclusions of law are proper. The facts as found are, briefly, that in 1823 Sebastian Rodriguez was placed in possession of the rancho in contest by the Mexican authorities; that it is not true that at any time there was ever made or delivered by said authorities to said Sebastian and to Alexander Rodriguez, jointly, a concession or grant of said land or any part of it, nor the possession thereof, nor did they have a joint possession in any manner; that in 1827 Cooper entered as the tenant of Sebastian and surrendered the possession to him in 1831, at which time Sebastian entered into the sole and exclusive occupation, which continued until 1855; that whilst so in possession he invited said Alexander to occupy a portion of said lands; and that the only possession which Alexander ever had was by the license of Sebastian; that in 1834 Alexander preferred, before Governor Figueroa, a claim to some interest in said lands, by virtue of a pretended grant or concession alleged to have been made to himself, Sebastian and another brother in 1823, but such right was never recognized by any of the Mexican officials; that the assertion of such right by Alexander produced a difficulty between him and Sebastian, which led to the removal of Alexander from the ranch in 1836, and from thence until his death, in 1848, Alexander never possessed or occupied any portion of it or made any further pretensions to an interest therein; that in 1836 Alexander was a partizan of Guiterrez, then the governor of California, and complained to him that he had no part in said ranch, and the governor thereupon told Sebastian that if he did not petition for said ranch jointly with Alexander, “he should lose it for all time to come”; that, influenced by this fear, Sebastian united with Alexander, in 1836, in a petition to the governor for a grant to the two jointly; that said petition was referred to the ayuntamiento of Monterey for a report, but no further action was ever had by the governor on said petition, and no grant or concession was ever made or issued, or ordered to be made or issued, to the two jointly; that in 1837 Sebastian petitioned Alvarado, who was then the governor, for a grant to him of the said ranch, whereupon the governor signed and issued a decree reciting the petition and declaring that he acceded to it; that in pursuance of said decree the judicial possession was delivered to Sebastian in November, 1837; that in 1852 Sebastian presented his petition to the land [606]