Le Roy v. Jamison
U.S. Circuit Court for the District of California
This was an action to recover the possession of certain real property in the county of Santa Barbara, and by stipulation, was tried by the court without the intervention of a jury. Both parties claimed the demanded premises under patents of the United States, issued upon the confirmation of grants of the former Mexican government. Both patents covered the demanded premises.
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This was an action to recover the possession of certain real property in the county of Santa Barbara, and by stipulation, was tried by the court without the intervention of a jury. Both parties claimed the demanded premises under patents of the United States, issued upon the confirmation of grants of the former Mexican government. Both patents covered the demanded premises. The patent under which the plaintiff [Theodore Le Boy] claimed bears date in March, 1870, and the grant upon which it is founded was made in March, 1840. The patent under which the defendants [Tobias B. Jamison and others]…
1Opinion of the Court
FIELD, Circuit Justice.
If the facts stated' in the opinion of Commissioner Drummond annexed to the patent of 1870 cannot be considered as facts in evidence, there is nothing before the court impairing the validity of that patent. The indorsements on the copy produced show a revocation by the secretary of the cancellation directed by the commissioner; and if titles can be affected in this irregular way, can be divested and reinvested by indorsements of the officers of the land office upon its records, the revocation is of equal validity with the cancellation. The case, as thus presented, would…
2Cases cited5 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Bullitt, Miller & Co. v. Taylor & RichardsonMississippi Supreme Court · 1858
- Jackson ex dem. Pintard v. BodleNew York Supreme Court · 1822
- Johnson v. CaulkinsNew York Supreme Court · 1799
3Cited by3 opinions
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- Zanola v. HallCourt of Appeals of Tennessee · 1957
- State ex rel. Doran v. County CourtMissouri Court of Appeals · 1909