Legal Opinion · Concurring in part, dissenting in part

United States v. Andres Castillero

Supreme Court of the United States

Decided March 10, 1863Published

These were cross appeals, severally taken ■ by the United States, and by the claimants, from a decree of the District Court for the Northern District of California, in a claim of Andres Castillero, for land, under the Act of March 8, 1851. Before the commencement of the proceeding, the claim had been divided, and most of the shares in it were held by other persons, who, with Castillero, occupied the lands under the name of the New Almadén Mining Company.

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These were cross appeals, severally taken ■ by the United States, and by the claimants, from a decree of the District Court for the Northern District of California, in a claim of Andres Castillero, for land, under the Act of March 8, 1851. Before the commencement of the proceeding, the claim had been divided, and most of the shares in it were held by other persons, who, with Castillero, occupied the lands under the name of the New Almadén Mining Company. But the petition to the Board of Land Commissioners was presented by the attorneys of the company in the .name of Castillero alone, for his…

1Concurring in part, dissenting in partJustice Wayne

Justice Catron and Mr. Justice Grier, for the reasons given by them, and for other reasons expressed in the printed opinions of Jirdge *213McAllister and Judge Hoffman, in dissenting from the judgment of this Court just announced in this case.

I think that the claim and title of the petitioner, Andres Castillero, to the mine known by the name of New Almadén, in Santa Clara County, Northern District of the State 'of California, is a good and valid claim and title, and that the said Andres Castillero and his assigns are the owners thereof, and of all the ores and minerals of whatsoever description…

2Cases cited6 opinions

  1. FLEMING v. PageSupreme Court of the United States · 1850
  2. Henderson v. Poindexter's LesseeSupreme Court of the United States · 1827
  3. Delassus v. United StatesSupreme Court of the United States · 1835
  4. Maria De La Solidad De Arguello and v. The United States. The United States v. Maria De La Solidad De ArguelloSupreme Court of the United States · 1856
  5. United States v. CastilleroSupreme Court of the United States · 1860

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