California Powder Works v. Davis

Citations

• 151 U.S. 389
• 14 S. Ct. 350
• 38 L. Ed. 206
• 1894 U.S. LEXIS 2066

Syllabus

<p>Two parties claiming title to the same land in California, each under a Mexican grant made prior to the treaty of Guadalupe Hidalgo, and each under a patent from the United States, one of them >flled a bill in equity against the other in a District Court in San Francisco to quiet title. The cause was transferred to the Superior Court for that city and county, and being heard there, it was decreed that the defendant’s title was procured by fraud, and the relief sought for was granted. On appeal to the Supreme Court of the State the judgment was affirmed, the court saying that the question of the genuineness of each original grant was a legitimate subject of inquiry,, when the issue was made by the pleadings, and that on the evidence in the case the finding against the genuineness of the defendant’s grant would not be disturbed on appeal. Held, that this ruling presented no Federal question for the consideration of this court.</p> <p>What is necessary to give this court jurisdiction on writ of error to the highest court of a State again stated.</p> <p>This court does not deem it necessary to examine the question raised under the practice in California, allowing separate appeals to lie from a judgment and from an order granting or refusing a new trial</p>