Cassidy v. Carr (1874) · DecisionDepot

Cassidy v. Carr

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

California Supreme Court Jul 1, 1874 No. No. 3,269Published

Before: McKinstry

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Holding. A claimant or their grantee cannot assert title to lands that were excluded from the final survey approved by the District Court following proceedings to segregate Mexican land grants from the United States public domain.

Issues

Whether a claimant may assert title to lands excluded from a final survey approved by the District Court in land grant confirmation proceedings.

Disposition. Affirmed

Synopsis

Ahpboyal of a Mexican Geant.—If the claimant of a Mexican grant of land which gives a perfect title, presents the same to the Board of Land Commissioners for confirmation, under the Act of Congress of 1851, and it is confirmed and surveyed, and the survey is approved and a patent issued, but by the survey a portion of the land included within the juridical measurement of the Mexican authorities is excluded, the claimant is estopped from afterwards asserting title to the land not included in the survey made by the United States.

By the Court, McKinstry, J.: The plaintiff seeks to recover as assignee of a claim derived from the Mexican government. The claim was confirmed by the Land Commissioners and by the District Court; and the appeal to the Supreme Court of the United States was afterward dismissed. The survey of the Surveyor-General was returned to the District Court, and the claimant, having filed his exceptions to it, and the same having been argued, the survey as returned was approved by that Court and made final. By the approved survey the lands—the possession of which is sought to be recovered in this action, and which were included within the juridical measurement of the Mexican authorities—were excluded.

It may be assumed, as is asserted by plaintiff, that the expediente shows a “perfect title.” Tet the claimant, who submitted his claim for confirmation or rejection, and to proceedings the object of which was to segregate lands granted by Mexico from the public domain of the United States, could not, nor can his grantee now be heard to assert title to any lands not included in the final survey.

Order affirmed.

Cassidy v. Carr

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