Legal Opinion

Carpentier v. Montgomery

Supreme Court of the United States

Decided May 18, 1872PublishedCited by 14 opinions

Error to the Circuit Court for the District of California. Carpentier brought suit against Montgomery and a number of other defendants to recover certain lands in their possession, lying on the east side of the bay of San Francisco, and described in the complaint. Answers were put in by the defendants, severally claiming distinct portions of the lands.

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Error to the Circuit Court for the District of California. Carpentier brought suit against Montgomery and a number of other defendants to recover certain lands in their possession, lying on the east side of the bay of San Francisco, and described in the complaint. Answers were put in by the defendants, severally claiming distinct portions of the lands. On the trial the plaintiff deraigned title under the children of Maria Teodora Peralta, a deceased daughter of Luis Peralta, and proved mesne conveyances from them to the extent of an undivided five and a half ninths of one-ninth of the land in…

1Opinion of the CourtJustice Bradley

To show that Luis Peralta’s title was a perfect one the plaintiff produced in evidence the documents on which it was founded. They are set out in the bill of exceptions, and are the same that were before this court in the case of United States v. Peralta, * when the claim was confirmed. In that case the court intimated an opinion that the title was perfect for at least a part of the rancho (embracing a part of the premises now in question), but the point was not material in the case, because the claimants were equally entitled to a confirmation, whether their father’s title was perfect or…

2Cited by14 opinions

  1. Brown v. BuckMichigan Supreme Court · 1889
  2. Shilts v. YoungAlaska Supreme Court · 1977
  3. Donahue v. BabbittArizona Supreme Court · 1924
  4. Widdicombe v. ChildersSupreme Court of the United States · 1888
  5. State ex rel. Miller v. TaylorNorth Dakota Supreme Court · 1913

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