Legal Opinion

McGarrahan v. Mining Co.

Supreme Court of the United States

Decided January 18, 1878No. 72PublishedCited by 30 opinions

Error to tbe Supreme Court of the State of, California. This was ejectment by William McGarrahan in the District Court of the Twentieth Judicial District of California in and for Santa Clara County, against the New Idria Mining Company, to recover possession of certain, lands in that State known as the Rancho Panoche Grande. He claimed them under a patent therefor which he alleged had been issued by the United States fco.

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Error to tbe Supreme Court of the State of, California. This was ejectment by William McGarrahan in the District Court of the Twentieth Judicial District of California in and for Santa Clara County, against the New Idria Mining Company, to recover possession of certain, lands in that State known as the Rancho Panoche Grande. He claimed them under a patent therefor which he alleged had been issued by the United States fco. Vicente P. Gomez, his grantor, under the act of Congress to ascertain and settle the private land claims in the State,of.California, approved March 3,1851. 9 Stat. 631. The…

1Opinion of the Court

Mr.- Chief Justice Waite

delivered the opinion of the court.. ■

The Pederal question in this case-is, whether the record in the volume kept at the General Land-Office at Washington for the recording of patents of the United States issued upon California confirmed Mexican grants, relied upon by McGarrahan as evidence of his title, proves a conveyance by the United States of the land in controversy to Vicente P. Gomez, his grantor. In his behalf, it is contended that the record is itself the grant; or; if not, that it proves‘the issue-to Gomez of a patent which does grant' the legal title to the'…

2Cited by30 opinions

  1. Anthony v. County of JasperSupreme Court of the United States · 1880
  2. Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
  3. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  4. Sands v. DavisMichigan Supreme Court · 1879
  5. Young v. Clarendon TownshipSupreme Court of the United States · 1889

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