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eBook details

• Title: Romero v. United States
• Author : United States Supreme Court
• Release Date : January 01, 1863
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

THIS was an appeal from the District Court for the Northern District of California; the case being thus: On the 28th February, 1853, three brothers, Innocencio, Jos e, and Mariano Romero, presented their petition to the Board of Commissioners, established by the act of Congress of March 3d, 1851, for the settlement of private land claims in California, asking a confirmation of a land title. Their petition averred that Governor Micheltorena, in the year 1844 (no day being mentioned), granted them in full property a rancho in the neighborhood of the rancho of the Senors Moraga, Pacheco, and Will, being a remainder over and above what belongs to those ranchos–the said land being in the County of Contra Costs–and referred for a fuller description of the lands to papers and maps relating to the grant; 'copies of some of said papers being herewith filed, and the originals to be produced and proved.' The petition said nothing specially about the grant. There was no averment of its loss, and no profert of it as an existing paper; nor did it describe the land otherwise than above, nor mention the quantity. The commissioners entered a decree against the petition, declaring that 'it does not appear that any grant was ever issued, . . . and no equitable right appears.' On appeal to the District Court, new evidence being allowed to be introduced there, the decree of the commissioners was affirmed. A motion was then made and granted to open the case, and allow the claimants to produce further evidence. The decree was accordingly stricken out and the additional evidence heard; after which the court (McAllister and Hoffman, JJ.), affirmed the decision of the commissioners, and adjudged the claim invalid, and rejected it. It was from this decree that the case was now here. The title, as disclosed to this court, was partly documentary and partly that of witnesses.

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