Pinkerton v. Ledoux

Citations

• 129 U.S. 346
• 9 S. Ct. 399
• 32 L. Ed. 706
• 1889 U.S. LEXIS 1693

Syllabus

<p>The report upon a Spanish or Mexican grant by the surveyor general of . New Mexico under the act of July 22, 1854, § 8, 10 Stat. 308, which required such report to be “laid before Congress for such action thereon as may be deemed just and proper, with a view to confirm bond, fide grants,” is no evidence of title or right to possession.</p> <p>In ejectment, the question whether the tract in dispute is within the boun-' .. daries of a grant of public land, is to be determined by the jury on the evidence, as explained by the court.</p> <p>When the description in the petition and grant of a Mexican grant differs from the description in the act of possession the former must prevail.</p> <p>If, from the description and words in the petition and writ of possession of a Mexican grant the jury cannot definitely locate the boundaries of the grant, they must find for the defendant. •</p> <p>Whether the Nolan title has any validity without confirmation by Congress, quaere.</p> <p>Whether the proviso in the act of July 1, 1870, 16 Stat. 646, that when the grants to Nolan to which it related “ are so confirmed, surveyed and patented, they shall be held and taken to be in full satisfaction of all further claims or demands against the United States',” was not intended to affect the entire claim of Nolan for any grant of lands in New Mexico, quaere.</p>