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· 7/1/1874

Gardiner v. Miller

Citations

  • 47 Cal. 570

Syllabus

<p>State Statutes of Limitations.—The Statute of Limitations of the several States, are not binding upon the lights of the United States.</p> <p>Legal Title to Undefined Mexican Grant.—The title to a quantity of land granted by Mexico, with undefined boundaries, to be located within designated exterior boundaries, is imperfect in its character, and further action on the part of the Government of the United States, is necessary to attach it to a particular tract.</p> <p>Statute of Limitations not Applicable, Antbriok to Patent.—The Statute of Limitations of California, has no application to the title of a patentee of the United States anterior to the issuance of the patent.</p> <p>Acquisition of Foreign Territory by Treaty.—The United States have the right to acquire foreign territory by treaty, and, after its acquisition, Congress may pass laws to protect the private rights of the inhabitants of the ceded territory, guaranteed to them by the treaty, and such laws are beyond the interference of State authority.</p> <p>Jurisdiction of Supreme Court ofUnited States .—A controversy, as to the effect of the Statute of Limitations of this State upon a Mexican grant of land, brings into question the construction of the treaty by which California was ceded to-the United States, and is a case which may be re-examined by the Supreme Court of the United States, after a decision by the highest judicial tribunal in this State.</p>

Judges: Wallace

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