Luigi Marre Land & Cattle Co. v. Roses

KNIGPIT, J. Plaintiffs as owners of the record title to 6,053 acres of land in San Luis Obispo County deraigned from a patent theretofore issued by the United States government brought this action to quiet title thereto. Defendants asserted title to approximately five acres thereof based on allegations of adverse possession for more than twenty years. Upon trial the court found against defendants and entered judgment in favor of plaintiffs. No motion for new trial was made, nor was any appeal taken from the judgment. Later, however, the federal district attorney for the southern district of California and his assistant joined as associate counsel with the firm of attorneys who had represented the defendants throughout the litigation; and [476]approximately fire and a half months after the entry of the judgment and more than three months after it had become final by failure to appeal therefrom, notice of motion was given on behalf of the defendants to vacate the judgment under the authority of section 473 of the Code of Civil Procedure and grant defendants permission to file an amended answer, a copy of which was attached to the notice of motion, or to allow defendants to move for a new trial. The theory upon which it was sought to have the trial court vacate the judgment was based upon the claim that the defendants were California Indians, and that therefore they were “wards of the federal government, incompetent in law to take care of their own affairs. That the federal government is the proper guardian to protect their interests under such circumstances ...” (citing Cramer v. United States, 261 U. S. 219 [43 Sup. Ct. 342, 67 L. Ed. 622]), and that “being incompetents, judgment against them is not binding ...” (citing Winslow v. McCarthy, 39 Cal. App. 337 [178 Pac. 720]). The motion was heard on May 11, 1931, and by the court denied; and this appeal was taken from the order made to that effect.

At no time during the course of the trial was it intimated by the defendants themselves, their pleadings, their counsel, or the evidence, that they were Indians; and evidently such was the main disputed question of fact presented for determination by the motion to vacate. The first and only assertion to the effect that they were Indians was made in the proposed amended answer, which was verified by the assistant federal district attorney and in an affidavit made by him in support of the motion; and in both documents such assertion appears to be based on information obtained from the defendants themselves; whereas in .apparent contradiction thereof it was averred in the affidavit filed at the same time by defendants’ counsel who represented them throughout the trial that at no time did the defendants inform him they were Indians, nor was he aware at any time that such was the fact. It would seem, therefore, that the uncertain state of the evidence upon this material question of fact would preclude interference on appeal with the adverse conclusion reached thereon by the trial court.