19 Cal. 248 | Cal. | 1861
Baldwin, J. concurring.
The Act of Congress of March 3d, 1851, “ to ascertain and settle the private land claims in the State of California,” in its eighth
In the opinion in the Fremont case, (17 How. 553) Mr. Chief Justice Taney cites the eighth section, and after observing that it embraces not only inchoate or equitable titles, but legal titles also, and requires them all to undergo examination, says: “ The object of the provision appears to be, to place the titles to land in California upon a stable foundation, and to give the parties who possess them an opportunity of placing them on the records of the country in a manner and form that will prevent future controversy.” And in the Fossatt case, (21 How. 447) Mr. Justice Campbell, in speaking of claims which, under the eighth section, are required to be presented, observes that “ it will be at once understood that these comprehend all private claims to land;” and referring to the Act of March 3d, 1851, and the Act of August 31st, 1852, (relating to appeals from the decisions of the Commissioners) says: “ These Acts of Congress do not create a voluntary jurisdiction that the claimant may seek or decline. All claims to land that are withheld from the Board of Commissioners during the legal term for presentation, are treated as nonexistent, and the land as belonging to the public domain.”
Whatever doubts may exist as to the validity of the legislation of Congress, so far as it requires the presentation to the Board of claims where the lands are held by perfect titles acquired under the former Government, there can be none as to the validity of the requirement with respect' to claims where the lands are held by imperfect or merely equitable titles. (Strother v. Lucas, 12 Pet.
The exercise of the right of measurement and segregation was not only a duty to the grantee ; it was necessary to enable the Government to ascertain the extent of the property it had acquired by the cession of the country; to separate the public lands from those which were private property. And to accomplish both purposes, to enable the Government to execute its treaty obligations; and to enable it to ascertain what were public lands, the Act of March 3d, 1851, was passed. By that act, the Government has announced the conditions upon which it will discharge its political duties to Mexican grantees, and at the same time separate and distinguish
The claim of the plaintiffs under the grant to Estrada was never presented to the Commissioners under the Act of Congress. It must, therefore, be considered, according to the views we have expressed, as having been abandoned. Like a demand barred by the Statute of Limitations, it has no standing in Court, whatever may have been its original validity. By the Courts it must be treated as nonexistent. The land, therefore, so far as the plaintiffs are concerned, must be deemed to be a part of the public domain of the United States.
The views we have thus expressed render it unnecessary to pass upon the effect of the residuary devise in the will of José Mariano Estrada.
Judgment affirmed.
Cope, J. concurring.
Ejectment for certain lands, part of the rancho “ Pastoria de las Borregas.” We are indebted to the counsel for a very learned and able discussion of the principles of law governing this case.
The plaintiffs claim through the devisee of one José Mariano Estrada, the father and heir of Francisco Estrada, who -was the grantee of a Mexican grant made on the fifteenth of January, 1842. The grant is in the usual form, but there was no approval by the Departmental Assembly, and no juridical possession. The clause of the will in question, under which Santiago claimed, is a residuary devise at the conclusion of the will in these words: “ The remainder of my property will remain to the family of my son Santiago.” The defendant, Murphy, claims by a confirmation and approved survey of land, under proceedings before the Land Commission taken by him. Eo claim was ever presented to the Board by the plaintiffs. They contend that they have a legal title, founded on the grant, and that the failure to present it did not affect their rights; but that they can sue the confirmee in possession as they might sue any other trespasser or adverse claimant holding under an inferior title. We do not think so. The mere grant by the Governor, unaccompanied by juridical possession, was not a perfect legal title. The act of the Government in confirming the claim of Murphy, the adverse claimant, followed by the approved survey, invested him with the legal title to the premises, and the plaintiffs
It is unnecessary to pass upon the character or quality of the title of Santiago under the devise recited.
Judgment affirmed.