United States v. Chavez
Supreme Court of the United States
APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. To the land involved in these cases the appellees claimed a complete and perfect title, and petitioned the Court of Private Land ■ Claims under section 8 of the act establishing the court to so adjudge and confirm it. After due hearing the court did so adjudge, and entered a decree confirming the title to petitioners, from which decree the United States prosecuted this appeal.
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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. To the land involved in these cases the appellees claimed a complete and perfect title, and petitioned the Court of Private Land ■ Claims under section 8 of the act establishing the court to so adjudge and confirm it. After due hearing the court did so adjudge, and entered a decree confirming the title to petitioners, from which decree the United States prosecuted this appeal. The basis of the title to the southern portion of the tract (No. 38) is a grant made on the 5th day of November, 1716, to captain Antonio Gutierrez by captain Felix…
1Opinion of the CourtJustice McKenna
The title asserted by appellees is deficient in the support of direct evidence. Is the deficiency supplied by the probative force of the possession of the land ? Private ownership of the property with possession is claimed for over one hundred and thirty years before the cession of the territory to the United
States. A continuous possession is shown from some time prior to 1785, inferentially from 1716. Mexico respected that ownership and possession for the full period of its dominion over New Mexico. Spain respected them for over one hundred years, and at the time of the cession of the…
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Fletcher v. FullerSupreme Court of the United States · 1887
- United States v. ChavesSupreme Court of the United States · 1895
3Cited by33 opinions
- United States v. Fullard-LeoSupreme Court of the United States · 1947
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- United States v. Fullard-LeoCourt of Appeals for the Ninth Circuit · 1946
- Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
- In re the Territory of HawaiiHawaii Supreme Court · 1920
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