Palmer v. Low
Supreme Court of the United States
Error to the Circuit Court of tbe United States for the District of California. This was an action of ejectment, commenced April 30, 1872, by Daniel Palmer, the plaintiff in error, against Joseph W. Low, S. O. Houghton, and others, to recover possession of a portion of a one hundred vara lot No. 39, part of the pueblo lands of San Francisco, lying east of Larkin Street and northeast of Johnston Street.
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Error to the Circuit Court of tbe United States for the District of California. This was an action of ejectment, commenced April 30, 1872, by Daniel Palmer, the plaintiff in error, against Joseph W. Low, S. O. Houghton, and others, to recover possession of a portion of a one hundred vara lot No. 39, part of the pueblo lands of San Francisco, lying east of Larkin Street and northeast of Johnston Street. The city of San Francisco was first incorporated by the State of California, April 15, 1850, with certain defined boundaries. Acts of 1850, p. 223. It was the successor of the Mexican pueblo of…
1Opinion of the CourtChief Justice Waite
The questions presented for decision in this case may be. stated as follows: —
1. Was the entry in original “ Book A” of alcalde grants admissible as primary evidence to prove a grant to Donner ?
2. Did the record show a grant sufficient in form ?
3. Was the grant void because made to an infant?
4. Was the action barred by the Statute of Limitations ?
These questions will be considered in their order.
1. As to the admissibility of the evidence.
The point of the inquiry is whether the record of alcalde grants of the pueblo lands of San Francisco, kept by the alcalde in accordance with the…
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