Spencer v. Cheroske

THE COURT. Appellant, as plaintiff, brought an action to quiet title to certain lots situated within the corporate limits of Long Beach, California. Defendants answered denying the claim of appellant, and claimed title thereto in themselves. After a trial upon these issues, findings of fact and conclusions of law were filed, and judgment entered in accordance therewith in favor of defendants.

Plaintiff attempted to file upon certain lands including the property of defendants, by virtue of a military land bounty warrant issued to John Spencer, a teamster in the United States Quartermaster’s Department for service in the Florida war, an Indian outbreak. Plaintiff claims such right as an heir of and a successor to the interest of John Spencer, now deceased.

This particular warrant was issued by the Department of Interior, Commissioner of Pensions, on the 12th day of December, 1860, under an Act of Congress of March 3, 1855, entitled: “An Act in addition to certain acts granting bounty lands to certain officers and soldiers who have been engaged in the military service of the United States. ’ ’

The particular warrant before us further recites:

“John Spencer ... is entitled to locate one hundred and sixty acres at any Land Office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands subject to sale at either the minimum or lower graduated prices.”

[386]The act under which the warrant was issued (U. S. Stats, at Large, vol. X, p. 701, 33 Congress Sess. II, ch. ecvii, March 3, 1855) provides in effect that each of the surviving commissioned and non-commissioned officers, musicians and privates who were regularly mustered into the service of the United States in any of the wars in which the country had been engaged since seventeen hundred and ninety, shall be entitled to receive a certificate or warrant from the Department of Interior for one hundred and sixty acres of land.

The act then contained a proviso making its provisions applicable to wagon masters and teamsters, and also providing in case of death of a person who, if living, would be entitled to such certificate or warrant, that his surviving widow or children would be entitled to such warrant, and further providing for the assignment thereof.

“Sec. 5. And it is further enacted, that no warrant issued under the provisions of the Act shall be located in any public lands, except such as shall at the time be subject to sale at either the minimum or lower graduated prices.”