Thompson v. True
California Supreme Court
Appeal from the District Court, Seventh Judicial Dis-trict, County of Napa. The case was thus: M. Gr. Vallejo claimed that a large tract of land had been granted to him by the Mexican government, before the acquisition of California by the United States, and applied to the Board of Commissioners, appointed by the United States, to have the alleged, grant confirmed. It was called the Suscol Bancho.
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Appeal from the District Court, Seventh Judicial Dis-trict, County of Napa. The case was thus: M. Gr. Vallejo claimed that a large tract of land had been granted to him by the Mexican government, before the acquisition of California by the United States, and applied to the Board of Commissioners, appointed by the United States, to have the alleged, grant confirmed. It was called the Suscol Bancho. The case was appealed to the Supreme Court of the United States, and, in 1862, that tribunal decided that the grant was invalid. A large number of persons had purchased from Vallejo before the grant…
1Opinion of the Court
By the Court, Rhodes, J.:
The land in controversy is a part of a thirty-sixth section, and by virtue of the Act of Congress of March 3, 1853, as we construed it in Sherman v. Buick (45 Cal. 656), the title vested in the State; and by means of the State patent, the title was transferred to the defendant, unless the operation and effect of the judgment in Morris v. True,, which is set up in the complaint, precluded the defendant from relying on title derived from the State.
*608It is unnecessary to notice any of the preliminary objections of the plaintiff, to the effect that the answer- raises no…
2Cases cited3 opinions
- Tyler v. HoughtonCalifornia Supreme Court · 1864
- Durfee v. PlaistedCalifornia Supreme Court · 1869
- Sherman v. BuickCalifornia Supreme Court · 1873
3Cited by1 opinion
- MacE v. MerrillSupreme Court of the United States · 1887