Merrill v. Chapman

By the Court, Rhodes, J.:

A brief statement of the facts and some of the proceedings in the cause will materially aid in disposing of this appeal. The plaintiff claimed under a patent, issued in 1861 by the United States, under the public land system. The defendant, through his lessor, claims title under a Mexican grant and the proceedings in the national tribunals for its confirmation, the last step in which was the confirmation of the *252survey by the District Court. The Court below found that the defendant was in possession, claiming under his lessor, and found the value of one third of the…