Moore v. Smaw
California Supreme Court
Appeal from the Thirteenth and Fifteenth Districts. The appeal in the case of Moore v. Smaw is from the District Court of the Fifteenth District, county of Butte. The appeal in the case of Fremont v. Flower is from the District Court of the Thirteenth District, county of Mariposa. The appeals in both cases were considered together, as they involve a consideration of the same question.
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Appeal from the Thirteenth and Fifteenth Districts. The appeal in the case of Moore v. Smaw is from the District Court of the Fifteenth District, county of Butte. The appeal in the case of Fremont v. Flower is from the District Court of the Thirteenth District, county of Mariposa. The appeals in both cases were considered together, as they involve a consideration of the same question. In Moore v. Smaw, the grant of the Mexican Government wras issued to Dionisio and Maximo Fernandez; but the patent of the United States was issued, upon confirmation of the claim under the grant, to them and…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
The records in these cases present for consideration the question whether a patent of the United States for land in California, issued upon a confirmation of a claim held under a grant of the former Mexican Government, invests the patentee with the ownership of the precious metals Avhich the land may contain. In the first case the complaint alleges that in March, 1860, the plaintiff was seized in fee and possessed of a tract of mineral land situated in Butte county, by virtue of a grant issued by Pio Pico, Governor of California, to Dionisio and Maximo Fernandez, on the…
2Cases cited2 opinions
- Fremont v. United StatesSupreme Court of the United States · 1855
- Hicks v. BellCalifornia Supreme Court · 1853
3Cited by13 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- United States v. TexasSupreme Court of the United States · 1950
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- City of Los Angeles v. Venice Peninsula PropertiesCalifornia Supreme Court · 1982
- In Re Barlow v. Security Trust & Savings BankCalifornia Supreme Court · 1925
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