Phillips v. Mound City Land and Water Assn.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OF CALIFORNIA. This suit was brought for a partitiou of two adjacent tracts of land in the county of Los Angeles, known respectively as Rancho “San José” and “San José Addition.” The facts were these: In 1831, the Mexican Government granted to Ygnacio Palo-mares and Ricardo Yejar the rancho known as “San José.”
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ERROR TO THE SUPREME COURT OE THE STATE OF CALIFORNIA. This suit was brought for a partitiou of two adjacent tracts of land in the county of Los Angeles, known respectively as Rancho “San José” and “San José Addition.” The facts were these: In 1831, the Mexican Government granted to Ygnacio Palo-mares and Ricardo Yejar the rancho known as “San José.” Afterwards, these grantees formed a partnership with Luis Arenas, and the Mexican Government granted to. the three the rancho known as “ San José Addition,” which adjoined the other. Arenas also in some way acquired an undivided . one-third…
1Opinion of the CourtChief Justice Waite
Both parties claim under the Mexican grants confirmed by the United States. The patents vested the legal title in the grantees. By an express provision of the act of March 3,1851, (§ 15,) they are conclusive “ between the United States and . such claimants only,” and do “ not affect the interests of third parties.”
The patents, like the original Mexican concessions, are to the grantees as tenants in common. That is not denied. But it is claimed that after the original concessions were ;nade and before the treaty, the title of the parties holding under them was changed from a tenancy‘in common,…
2Cases cited1 opinion
- Kennedy's Executors v. Lessee of HuntSupreme Court of the United States · 1848
3Cited by10 opinions
- Devine v. Los AngelesSupreme Court of the United States · 1906
- Bowen v. HockleyCourt of Appeals for the Fourth Circuit · 1934
- California Powder Works v. DavisSupreme Court of the United States · 1894
- Hooker v. Los AngelesSupreme Court of the United States · 1903
- Deere v. St. Lawrence River Power Co.Court of Appeals for the Second Circuit · 1929
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