Leese v. Clarke

Citations

• 3 Cal. 2

Syllabus

<p>Quare. If the courts of this state can entertain jurisdiction of titles to land granted by a Mexican governor, antecedent to the acquisition of the country by the United States, without previous confirmation or legislative recognition1?</p> <p>Prior to the 24th May, 1821, the laws or decrees of the kings of Spain, and the regulations or usages of their governors (who were mere deputies), sanctioned by royal approval or acquiescence, afforded the proper tests by which to determine the validity of grants.</p> <p>Since the revolution (24th February, 1821), no valid alienation could be made, except by an act of Mexican sovereignty.</p> <p>By the law of the Mexican Congress of 18th August, 1824, limited and defined by that of November 21st, 1821, the governors of territories were authorized to grant, with certain specific exceptions, vacant lands, &c. By these laws and the legislation of the departmental legislature, consistent therewith, must be determined the validity of any grant of land in California.</p> <p>To these regulations this court alone loolr, and by them every grant must be determined. If not fully complied with, the title did not pass, but remained in the government of Mexico.</p> <p>A mere grant, without further compliance with the requisitions, is at best, but an inchoate title, and the land passed to the United States, who hold it subject to the trust imposed by the treaty of cession and the equities of the grantees.</p> <p>The execution of this trust is apolitical power to which the judiciary is not competent. ></p> <p>Where the title of the plaintiff is inchoate and incomplete, he cannot sustain an ejectment, and the court properly excluded such title as testimony.</p>