Interstate Land Co. v. Maxwell Land Grant Co.

Syllabus

<p>A demurrer admits facts well pleaded, but does not admit that the construction of a written instrument set forth in the bill is the true one, or that its legal effect is contrary to that which its language imports.</p> <p>■Questions affecting the validity of the Maxwell land grant, as to the authority of the Mexican government to make it, are no longer open; and a party claiming the same land under a prior grant from the Mexican government must, to succeed in his claim, recover on the strength of his own title.</p> <p>An empresario grant of land in Mexico operated to designate a tract of country within which the empresarios might establish a colony or colonies ; but no title to any land passed to them until such colony was established. United States v. Arredondo, 6 Pet. 691, and Gonzales v. Ross, 120 U. S. 605, distinguished from this case.</p>