20 Cal. 387 | Cal. | 1862
This case was before this Court at the July term, 1861. It is an action of ejectment for certain premises situated within the city of San Francisco, in which the plaintiff claims under a grant of the former Mexican Governor of California, made to himself and Vallejo, in May, 1839, and a patent of the United States issued upon its confirmation, in March, 1858; and the defendants claim under certain American Alcalde grants made in 1847. Upon the first trial of the case, it was contended by the defendants that the premises in controversy, being town lots of the pueblo of San Francisco, existing as such pueblo on the seventh of July, 1846, the claim of the plaintiff and Vallejo, under the grant of the Mexican Governor, was not subject to the jurisdiction of the United States Board of Land Commissioners; and that, in consequence, its action,, and the subsequent action of the United States District Court, of' the Surveyor General, and of the authorities at Washington, in-issuing the patent, were without authority and void; and, further, that if the grant were subject to the jurisdiction of the Board, the defendants, claiming under the Alcalde grants, were third persons, within the meaning of the fifteenth section of the Act of Congress of March 3d, 1851, against whom the decree of confirmation and patent were not conclusive; and that they were, in consequence, as much at liberty to question the location of the premises as if the grant had never been before the Commission. Proceeding upon this view of the jurisdiction of the Board, and the construction of
And this patent, we held, was to be regarded in two aspects: as a deed of the United States, passing whatever interest they possessed in the premises at the date of the presentation of the petition for a confirmation of the claim under the Mexican grant to the Board of Land Commissioners; and as a record of the Government, showing its action and judgment with respect to the title of the patentees at the date of the cession of the country. As the record of the Government, we said, it imported absolute verity upon all the matters of fact and law essential to authorize its issuance, and could only be vacated and set aside by direct proceedings instituted by the Government, or by parties acting in the name and by the ¡authority of the Government. Until thus vacated, it was conclusive, not only as between the patentees and the Government, but between parties claiming in privity with either by title subsequent. It was conclusive, except as to the “ third persons ” mentioned in the fifteenth section of the Act of Congress. And the “ third persons,” within the meaning of that section, we held to be those “whose title to the premises patented, not only accrued before the duty of the Government and its rights under the treaty attached, but whose title to such premises was at that date such as to enable
Proceeding upon this definition of third persons, we considered the claim of the defendants, holding under Alcalde grants issued in 1847, to be regarded in that character. For this purpose, we assumed, as alleged by the defendants, that American Alcaldes in 1847 possessed authority, under the laws of Mexico, which were not abrogated during the military occupation of the country, to make grants of land within the limits of the pueblo of San Francisco—in other words, to transfer the title of the pueblo. But the political head of the Department of California also possessed a like authority, and exercised it in numerous instances, and his authority was paramount—that is to say, its exercise could not be interfered with, or in any manner defeated, by any subsequent action of the pueblo or its officers. Admitting, we said, the power of the Alcaldes—the de facto municipal officers—to its fullest extent ever-asserted by the present Court, “ it only extended to lands which had not been previously granted by the superior authorities of the Department under the former Government. Mor does it matter in any respect whether the grant of those authorities passed a legal or an equitable title. The moment they assumed the control of the property, and passed any interest in the same, all granting power of the subordinate officers of the pueblo with respect to the property ceased.” In thus holding, we only declared what must appear obvious to every one, that when an officer of paramount authority makes a grant, an inferior officer cannot defeat and destroy it, by issuing another grant himself for the same premises.
And as to the uncertainty in the precise location of the boundaries of the premises covered by the grant to the plaintiff and Vallejo, we observed, following in that respect previous decisions of this Court, and of the Supreme Court of the United States, that the right or power of fixing the boundaries—in other words, of locating the land, as preliminary to the judicial delivery of its possession, belonged to the former Government, and could not be exercised by the grantees, at least so as to bind the Government. They took with full knowledge of the right and power of the former Government in this respect, and in strict subordination to their ex
Such was the purport of our decision when the case was here at the July term, 1861. The case, with the opinion of the Court, is reported at length in 18 Cal. 535. The questions involved in it were elaborately argued by counsel, and carefully considered by the Court, and we have seen nothing since to create a doubt of the correctness of the conclusions at which we then arrived; but on the contrary, much to strengthen and confirm them. The decision was conclusive upon the rights of the parties as against each other under their respective grants. As against the Mexican grant, confirmed by the patent of the United States, the defendants had no standing in Court to dispute its location. On the new trial ordered they were obliged, therefore, to make them defense within the decision—that is to say, without calling in question its principles—or fail. They might have made such defense by tracing title from the patentees, or showing outstanding title in grantees from them, and perhaps in other ways. They could not retry the case in disregard of the decision, nor was it permissible to the Court to refuse to follow it on the retrial. The learned Judge of the Fourth District will readily perceive, that if the Court over which he presides is at liberty to follow or not the decisions of this Court, according to its own views of them correctness, when a new trial is ordered, any other subordinate Court is equally at liberty to do so; that the County Courts, and Recorders’ Courts, and Justices’ Courts, may for like reason refuse to be governed by our decisions, both in criminal and in civil cases. The existence of any such liberty would be inconsistent with the relation which the Constitution contemplates the different tribunals of the State shall bear to each other. With its existence there could he no real appellate power—no uniformity of decisions—and of course, no system of jurisprudence. The final determination of a case would depend, not upon the law as laid
On the retrial, the District Court did not follow our decision, but disregarded and overruled it in almost every particular. It disregarded the decision as to the operation of the patent as a record of the Government with respect to the title of the patentees at the date of the cession, and declared that the patent had no greater effect or operation than a simple deed of the United States. It disregarded the decision as to the inapplicability of the doctrine of the Fremont case upon the effect of a subsequent grant within the general exterior limits of the grant in that case, and held that the doctrine applied to the Mexican grant in the case at bar; and therefore that the subsequent grants of the Alcaldes, with specific boundaries within its limits, gave the superior and better title. It disregarded the decision that even if the grant of the Mexican Governor passed only an equitable title, the Alcaldes had no authority to make a subsequent grant of the property; and decided that as the grant passed only an equitable title, and was subject to conditions, it was liable to be denounced, and the land to be regranted by the Alcalde, and that the subsequent grant, followed by location and settlement, constituted such denouncement. It overruled the decision that the defendants, claiming under the Alcalde grants of 1847, were not third persons within the meaning of the fifteenth section of the Act of Congress, who could contest the patent as evidence of the location of the grant, and ruled that the defendants, by their Alcalde grants, had a perfect and legal title to the premises—one paramount to the title derived from the Mexican grant confirmed by the patent of the United States.
Of course, upon these rulings of the District Court the verdict and judgment passed for the defendants; but as the rulings conflict with our previous decision, the verdict and judgment cannot stand. The decision of this Court on the first appeal became the law of the case, and fixed the right of the parties in this action under their respective grants. “ A previous ruling of the appellate Court,” as we held in Phelan v. San Francisco, “ upon a point distinctly made, may be only authority in other cases, to be followed and af
But the learned counsel of the respondents, whilst denying generally the correctness of this doctrine of the Court, contend especially that the doctrine has no application to actions of ejectment,
The inapplicability of the doctrine to actions of ejectment is asserted, on the ground that such actions are brought merely for the possession, and determine no rights but those of present possession. Admitting this to be so, and we do not controvert the position, and that the title is only involved so far as it may affect the right to the possession, we do not perceive how the conclusion of counsel follows. The question is not, what is the effect of the judgment in ejectment when recovered, but what effect is to be given to the decision of the appellate Court on the second trial of the same case, or upon a second appeal. If the decision relate to a matter of fact, the evidence respecting it may be entirely different on the second trial, and a different question be thus presented on the second appeal. It is only where the evidence is the same, that 'the decision of the appellate Court would be conclusive. But if the decision relate to a matter which cannot be thus presented under a different aspect —as the construction of a contract or a statute—the first decision of the appellate Court is conclusive upon the second trial and second appeal, whether the action be for the possession of real property, or for any other object. Thus, for example; if the plaintiff claimed to recover in ejectment upon an instrument which he asserted to be a lease of the premises, the decision as to the effect of such instrument in conferring a right to the possession would be final.
That the doctrine does not extend to cases involving questions of a public nature is asserted, on the ground that the decision of such questions is not confined to the parties immediately before the Court, but may affect vast interests of others. It is difficult to perceive how the inconclusiveness of a prior decision in the same case can be •said to follow from the importance of the questions involved, or the interests which other parties may have in then determination. The importance of the questions involved should induce careful consideration in the first instance, but can have no effect upon the conclusiveness of the decision when made. When the decision operates as a judgment, it is final upon the rights of the parties, whether
It will be thus seen that Mr. Justice Story expressly holds that the former judgment could not be reexamined, though the Court was willing to waive the objection and reexamine the original question. Under this view of the power of the Court, it is hardly to be supposed that a reexamination would have been made if the objection had been urged by counsel; or if made, that a different conclusion reached would have affected the previous decision, except as an authority in other cases.
But notwithstanding the former decision of this Court, in the present case, was conclusive upon the rights of the parties under their respective grants on the second trial, and is conclusive on the present appeal, we have carefully considered the argument of the learned counsel of respondents, and reexamined our former decision in the light of that argument, in order, if found to be erroneous in any particular, we might point out the error, and prevent the decision from becoming an authority in other cases.
The main proposition of counsel is that the patent of the United States is only a release—a quit claim—a mere relinquishment on the part of the Government, binding none except the United States and the claimants. If this can be sustained, the other questions become immaterial. If sustained, the defendants, whether claiming under the Alcalde grants or not, are third persons within the fifteenth section of the Act of Congress. Treated as the simple
The patent is the evidence which the Government furnishes the claimant of its action respecting his title. Before it is given, numerous proceedings are required to be taken before the tribunals and officers of the Government; and it is the last act in the series, and follows as the result of those previously taken. It is, therefore, record evidence of the Government’s action. By it the Government, representing the sovereign and supreme power of the nation, discharges its political obligations under the treaty and law of; nations. “By it,” as we said in the case already cited, “ the sovereign power, which alone could determine the matter, declares that the previous grant was genuine ; that the claim under it was valid, and entitled to recognition and confirmation by the law of nations and the stipulations of the treaty; and that the grant was located, or might have been located by the former Government, and is correctly located by the new Government, so as to embrace the premises as they are surveyed and described.”
As against the Government, this record, so long as it remains unvacated, is conclusive; as against the Government it imports absolute verity. And it is equally conclusive against parties claiming under the Government by title acquired subsequent to the time at which the obligations of the Government attached; otherwise, the power of the Government to enforce the stipulations of the treaty, and the obligations imposed by the law of nations, would be limited and dependent, and not, as they are, sovereign and supreme. And it is in this effect of the patent as a record of the Government, that its security and protection chiefly lie. If parties asserting interests in lands acquired since the acquisition of the country could deny and controvert this record, and compel the patentee in every suit for the recovery of his land to establish the validiiy of the grant, his right to a confirmation of his claim thereunder, and the correct
The respondents cite as authority for their position the opinions expressed by certain members of the Senate of the United States, when the Act of March 3d, 1851, was under discussion before that body. These opinions, say the learned counsel, show “ not only the effect, but the absolute limitation which Congress intended ” the patent should possess. We do not think so; on the contrary, they only express the views entertained by individual members of one body of the national legislature. Other Senators, who did not participate in the discussion of the subject, may have held different views as to the effect and operation of the patent; a majority of the Senate even may have held different views ; and the general opinion of members of the House of Representatives may have differed entirely from that of Senators, both of those who spoke and of those who simply voted on the subject. It is evident that the opinions expressed by individual legislators upon the object and effect of particular provisions of an act under discussion are entitled to very little weight in the construction of the act. The intention of the legislature must be sought in the language of the act—and the object expressed or apparent on its face—and not by the uncertain light of a legislative discussion. (See note to section 407 of Story on the Constitution.)
The authorities cited by counsel do not conflict with the views we have expressed. We do not question the correctness of the rule laid down by the Supreme Court in Garland v. Winn, (20 Howard, 8) ‘ that where several parties set up conflicting claims to property, with which a special tribunal may deal, as between one party and the Government, regardless of the rights of others, the latter may come into the ordinary Courts of justice, and litigate the
On the trial, special issues were submitted to the jury, and in addition to the general verdict for the defendants, findings upon these issues were rendered. The plaintiff moved the Court for judgment upon the special findings, but the Court overruled the motion. We think the motion should have been granted. Special findings always control the general verdict, and if the latter is inconsistent with the former, the latter must be displaced. Such is the case here. The facts found authorized a judgment for the plaintiff.
The judgment must therefore be reversed, and the Court below directed to enter judgment for the plaintiff upon the special findings for the premises in controversy, pursuant to the prayer of the complaint.
Ordered accordingly.
Norton, J. having formerly been counsel for the plaintiff with reference to the property in controversy, did not sit in the case.