Legal Opinion

Beard v. Federy

Supreme Court of the United States

Decided January 29, 1866PublishedCited by 100 opinions

After our conquest of California, in 1846, Congress, by-act of 3d March, 1851, “to ascertain and settle the private land claims” in that State* constituted a board of commissioners, in the nature of a judicial body, before which, claims to land there were to be investigated.

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After our conquest of California, in 1846, Congress, by-act of 3d March, 1851, “to ascertain and settle the private land claims” in that State* constituted a board of commissioners, in the nature of a judicial body, before which, claims to land there were to be investigated. Every person claiming lands there “ by virtue of any right or title derived from the Spanish or Mexican governments” was to present his claim to this board with the documentary and other evidences of it: notice of depositions, when taken, were to be given to the law officers of the United States. In case of confirmation…

1Opinion of the CourtJustice Field

The plaintiff in the court below deraigned his title by various mesne conveyances from Joseph S. Alemany, Catholic bishop of Monterey, to whom a patent, embracing the premises in controversy, was issued by the United States. The patent is in the usual form, and purports on its face to be issued under the act of March 3d, 1851, to ascertain and settle private land claims in the State of California. It recites that the bishop presented his claim to the board of commissioners created under that act, for confirmation; that the board, by its decree, rendered on the 18th of December, 1855,…

2Cited by100 opinions

  1. United States ex rel. Chunie v. RingroseCourt of Appeals for the Ninth Circuit · 1986
  2. Smelting Co. v. KempSupreme Court of the United States · 1882
  3. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  4. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  5. Ellingstad v. State, Department of Natural ResourcesAlaska Supreme Court · 1999

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