Smer v. Duggan

Ross, J.:

In 1842, the Mexican Government granted to one Francisco Estrada a rancho known as the “ Pastoría de las Borregas Eancho,” to the extent of two square leagues, to be located within certain exterior boundaries of larger dimensions. These *259exterior boundaries included the premises in controversy here. Notwithstanding that fact, the plaintiff, in October, 1850, settled upon the tract in dispute, with the intention of pre-empting it under the laws of the United States, he having at the time, and ever since, the personal qualifications necessary to enable him to pre-empt public land of the…