De Miranda v. Toomey
California Supreme Court
De Miranda v. Toomey, 51 Cal. 165 (Cal. 1875)
De Miranda v. Toomey
Opinion of 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.
Reference
- Full Case Name
- JUANA BRIONES DE MIRANDA v. HENRY TOOMEY
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 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.