McGarrahan v. New Idria Mining Co.

Citations

• 49 Cal. 331

Syllabus

<p>Patent fob Mexican Grant.—Both the officers of the government and the grantee, as well as those in privity with him, are hound by the recital of facts contained in the patent for a Mexican Grant.</p> <p>Power to Issue Patents and Sell Public Land.—Neither the President nor any officer of the government has any power to dispose of the public domain, or to sign or cause the seal of the United States to be a,f- „ fixed to a patent, except such as is conferred by a statute of the United States.</p> <p>When Patent may Issue.—A patent to a Mexican grant of land cannot be issued until after a final confirmation.</p> <p>What Recitals in Patent are not Conclusive.—While the recitals of fact contained in a patent are binding on all concerned, an opinion of the executive officers as to matters of law, indicated either by the act of issuing the patent, or by the recitals contained therein, is not conclusive.</p> <p>Patent Issued without Authority is Void.—A patent for a Mexican grant of land, issued while an appeal to the Supreme Court from the decree of the District Court confirming the same is pending, is void.</p> <p>Vacating an Obdeb Granting an Appeal. —When an appeal has been granted by a District Court of the United States to the Supreme Court, the jurisdiction of the Supreme Court attaches, and the District Court has no power to vacate the order granting the appeal.</p>