Estrada v. Murphy

Citations

• 19 Cal. 248

Syllabus

<p>Where land is held by an imperfect or merely equitable title under a Mexican colonization grant in the usual form, requiring approval of the Departmental Assembly and juridical possession from the magistrate of the vicinage, and being for a certain quantity of land within exterior limits embracing a much greater amount, such grant must have been presented to the United States Board of Land Commissioners for confirmation, or it will be deemed as abandoned, and be treated by the Courts as nonexistent, whatever may have been its original validity; and the land, so far as a party claiming under the unconfirmed grant is concerned, will be regarded as public land of the United States.</p> <p>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.</p> <p>The doctrine of Waterman v. Smith, (13 Cal. 411) that in the case of an imperfect grant of a certain quantity of land within exterior limits containing a much larger quantity, the interest of the grantee attaches to no definite portion of the tract, until such portion has been measured and segregated by official authority, and that the right to thus segregate belongs solely to the Government and cannot be exercised by the grantee, at least so as to bind the Government; and of Teschemacher v. Thompson, (18 Cal. 12) that the possession of this right imposes on the Government of the United States the duty of exercising it so as to protect the interest of the grantee; and that this duty or obligation is political in its character, and hence can be discharged at such times and upon such terms as the Government may deem expedient, recognized and affirmed.</p> <p>The Act of March 3d, 1851, to ascertain and settle private la