More v. Steinbach

Citations

• 127 U.S. 70
• 8 S. Ct. 1067
• 32 L. Ed. 51
• 1888 U.S. LEXIS 1966

Syllabus

<p>The act of Congress of March 3, 1851, “ to ascertain and settle the private land claims in the State of California,” 9 Stat. 631, c. 'll, created a board of commissioners to which all persons, claiming land by virtue of any right or title-derived from the Spanish or Mexican government, were required to present their claims for examination and determination within two years from its date, with such documentary evidence and testimony of witnesses as they relied upon to support their claims, and provided, in substance, that if upon examination they were found by the board, and by the courts of the United States, to which an appeal could be taken, to be valid, the claims should be confirmed and surveyed, and . patents issued therefor to the claimants; but that all lands, the claims to which were not presented to the board within that period, should be considered as a part of the public domain of the United States. Held,</p> <p>(1) That this provision requiring the presentation of their claims was obligatory on claimants, and that they were bound by the judgment of the board, if confirmed'by the courts of the United States on appeal, and by the survey and location of the claim by the officers of the Land Department, following the final decree of confirmation.</p> <p>(2) That the patent of the United States, issued after the claim was surveyed and located, is. conclusive, both as to the validity of the title of the claimant and the extent and boundaries of his claim, as against all parties not claiming by superior title, such as would enable them to contest the action of the government respecting the property.</p> <p>In order that a perfect title to land might vest under a grant from the Mexican government a delivery of possession by its officers was necessary. The proceeding was termed a judicial delivery of possession.</p> <p>The authority and jurisdiction of Mexican officials in California terminated on the 7th of July, 1816. No alcalde appointed or elected subseque