McGarrahan v. New Idria Mining Co.
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The case was thus: On the 9th clay of February, 1853, Vicente P. Gomez, as claimant, filed a petition with the Commissioners to settle private land claims in California, asking that the Board confirm to him a tract of land of four square leagues, called “ Panoche Grande,” situated in the then county of San Joaquin.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The case was thus: On the 9th clay of February, 1853, Vicente P. Gomez, as claimant, filed a petition with the Commissioners to settle private land claims in California, asking that the Board confirm to him a tract of land of four square leagues, called “ Panoche Grande,” situated in the then county of San Joaquin. He founded his claim upon an alleged grant made to him in the year 1844, by Manuel Micheltorena, then Governor of Upper California. On the 6th day of March, 1855, the Board of Land Commissioners…
1Opinion of the Court
By the Court, McKinstry J.:
For the purpose of this decision only, we shall consider the record in the volume in the General Land Office at Washington, kept for the recording of patents of the United States issued upon California confirmed Mexican, grants, as constituting the original patent.
The patent is evidence of the series of proceedings recited in it; and as the deed of the United States took effect by relation as of the date of the presentation of the petition for confirmation of the grant to the Board of Land Commissioners. (Leese v. Clark, 18 Cal. 535.) Indeed, it is only by virtue of…
2Cases cited11 opinions
- Teschemacher v. ThompsonCalifornia Supreme Court · 1861
- Gee v. MooreCalifornia Supreme Court · 1859
- Leese v. ClarkCalifornia Supreme Court · 1861
- Kimball v. SempleCalifornia Supreme Court · 1864
- Morrison v. WilsonCalifornia Supreme Court · 1866
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3Cited by4 opinions
- Bernhard v. WallCalifornia Supreme Court · 1921
- Corinne Mill, Canal, & Stock Co. v. JohnstonUtah Supreme Court · 1887
- Ex parte CollinsDistrict Court, N.D. California · 1906
- United States v. San Pedro & Canon del Agua Co.New Mexico Supreme Court · 1888