Minturn v. Brower

Citations

• 24 Cal. 644

Syllabus

<p>Treaty of Guadalupe Hidalgo.—Mexicans who, previous to the acquisition of California by the United States, were established in and had acquired from the Governments of either Spain or Mexico a perfect title to lands in California, and who chose to remain in California, were, by the treaty of Guadalupe Hidalgo, protected in the ownership and enjoyment of the land the same as though no change of sovereignty had taken place.</p> <p>Mexican Grants—As to Confirmation.—Mexicans, whose titles to lands by grant from Mexico or Spain were perfect at the time of the acquisition of California by the United States, were not compelled to submit them for confirmation to the Board of Commissioners appointed under the Act of Congress of March 3d, 1851, nor did they forfeit their lands to the Government by a failure to present their claims for confirmation.</p> <p>Perfect Titles.—The titles of such persons to their lands, which were perfect at the time of the acquisition of California by the United States, remained as valid under the new Government as they were under the old; and without having been presented to the Board of Commissioners for confirmation, may be asserted and maintained in the Courts of the country.</p> <p>Inchoate Titles.—Where the titles to lands in California were inchoate and imperfect at the date of the treaty, it was necessary to submit them to the Board of Commissioners for confirmation within the time prescribed by the Act of Congress of March 3d, 1851, otherwise they became forfeited; and from that time such lands were deemed, held, and considered as part of the public domain of the United States.</p> <p>Perfect Titles might be Submitted or not.—Holders of titles to lands which were perfect at the date of the treaty, could, if they so elected, submit them to be passed upon by the Commissioners, but were not bound to do so.</p> <p>Effect of Treaty on Titles.—The provisions of the treaty of Guadalupe Hidalgo operated as a confirmation in presentí of all per