Legal Opinion

Whitney v. United States

Supreme Court of the United States

Decided March 1, 1901No. 133PublishedCited by 2 opinions

APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. The appellants in this case come hereon appeal from a judgment of the Court of Private Land Claims rejecting their claim, which arose under a grant of land in New Mexico called La Estancia grant, consisting of some 415,000 acres, made in 1845 by Governor Armijo to one Antonio Sandoval, under ivhom they claim.

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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. The appellants in this case come hereon appeal from a judgment of the Court of Private Land Claims rejecting their claim, which arose under a grant of land in New Mexico called La Estancia grant, consisting of some 415,000 acres, made in 1845 by Governor Armijo to one Antonio Sandoval, under ivhom they claim. Upon the trial it appeared that Sandoval in 1845 was a Mexican citizen of high distinction residing in the Territory of New Mexico. By petition-, dated December 5, 1845, and presented on the 7th of that month, Sandoval petitioned the governor…

1Opinion of the CourtJustice Peokham

The judges of the court below, while rejecting the claim of appellants, differed widely in regard to the grounds upon which such rejection should be placed. Mr. Justice Sluss, in an opinion that was concurred in by Mr. Justice Fuller, said that the case was to be decided under the Mexican colonization law of August 18,1821, and the regulations of November 21, 1828, which in his judgment had not been totally repealed by the law of April 4,1837, and the grant, being subject to the first named law and to the regulations above mentioned, coulcl not be valid for a greater quantity than eleven…

2Cases cited18 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. Delassus v. United StatesSupreme Court of the United States · 1835
  3. Interstate Land Co. v. Maxwell Land Grant Co.Supreme Court of the United States · 1891
  4. United States v. TeschmakerSupreme Court of the United States · 1860
  5. United States v. CambustonSupreme Court of the United States · 1858

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3Cited by2 opinions

  1. Tiglao v. Insular Government of the Philippine IslandsSupreme Court of the United States · 1910
  2. City of Los Angeles v. Venice Peninsula PropertiesCalifornia Court of Appeal · 1988

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