Alexander v. Roulet
Supreme Court of the United States
Error to the Circuit Court for the District of California. Alexander brought ejectment against Roulet and others in the court below to recover a piece of land in San Francisco, California.
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Error to the Circuit Court for the District of California. Alexander brought ejectment against Roulet and others in the court below to recover a piece of land in San Francisco, California. The title was thus: The conquest of California was complete, as decided by this court.,* July 7th, 1846. On the 12th of January, 1850, Horace Hawes, at that time, by virtue of an appointment from the then military governor of the then Territory of California, and an election by the people of the district, acting as the prefect of the district embracing the then pueblo, now city of San Francisco, granted to…
1Opinion of the CourtJustice Davis
It has been repeatedly decided by this court that a recovery cannot be had in an action of ejectment in the Federal courts except on a legal title, and the inquiry is, whether the plaintiff in this case is clothed with such a title.
This title rests on the authority of Horace Hawes, acting as prefect of the district, embracing'the then pueblo of San Francisco, under the appointment of the military governor of California and an election by the people of the district, to grant a part of the common lands of the pueblo.
It'is not necessary for the purposes of this suit to decide whether prefects of…
2Cited by1 opinion
- Scott v. DyerCalifornia Supreme Court · 1880