Boyle v. Hinds
U.S. Circuit Court for the District of California
In equity. The Mexican government in 1839 granted a rancho called “Estero Amer-icano” to Edward Manuel McIntosh. The grant was for twp square leagues, within certain designated boundaries embracing six or more square leagues. It contained the usual provisions for measuring the land, and leaving the surplus to the nation. The grant was approved by the department assembly.
Read the full summary
In equity. The Mexican government in 1839 granted a rancho called “Estero Amer-icano” to Edward Manuel McIntosh. The grant was for twp square leagues, within certain designated boundaries embracing six or more square leagues. It contained the usual provisions for measuring the land, and leaving the surplus to the nation. The grant was approved by the department assembly. Afterward, juridical possession was given by J. P. I.eese as first alcalde of the jurisdiction within which the land granted was situated. The juridical possession is in all respects regular and in due form. The juridical…
1Opinion of the CourtSawyer, Circuit Judge
(after stating the facts). The plaintiff claims that McIntosh had a perfect Mexican title, and that it was unnecessary for his grantee, O’Farrell, to present his claim for confirmation; that, his title being perfect, congress had no constitutional power to deprive him of his land in case of his failure to present bis claim under the act of 1S51. Minturn v. Brower, 24 Cal. 644, is relied on as authority for this position. Under the view I take, it may be conceded that it was unnecessary to present the claim; but the claimant did present his grant, and submit it to examination, and asked its…
2Cases cited5 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Leese v. ClarkCalifornia Supreme Court · 1862
- Leese v. ClarkCalifornia Supreme Court · 1861
- Minturn v. BrowerCalifornia Supreme Court · 1864
- Treadway v. SempleCalifornia Supreme Court · 1865
3Cited by1 opinion
- Stoneroad v. StoneroadNew Mexico Supreme Court · 1887