Semple v. Hagar

Citations

• 27 Cal. 163

Syllabus

<p>Complaint for ‘Belief on ground of FR4jUD..-^In an action brought to vacate a patent for laud on .the ground that its issuance was procured from the Government 0 by false suggestions, fraudulent concealments, and by misrepresentations, the acts of fraud and misrepresentation on which the general charge is based must be specified in the complaint, or it will not state facts sufficient to constitute a cause of action.</p> <p>Judicial Notice of Proceedings to obtain Patent.—The Supreme Court will take judicial notice of the fact, that the claimant of land under a Mexican or Spanish grant, presented his petition to the Board of Land Commissioners for the confirmation of his title, and that the same was confirmed by said Board, or the District or Supreme Court of the United States, before the patent was issued.</p> <p>Facts found before Confirmation of Grant.—The Board of Land Commissioners, or the United States Court, in passing upon and confirming a Mexican or Spanish grant of land, must necessarily find, not only t^at the alleged grantee was in fact the grantee of the Mexican or Spanish Government, hut also that he was competent to take the grant.</p> <p>A Decree confirming a Grant of Land.—A decree of the Board of Land Commissioners or of a Court of the United States, confirming a Mexican or Spanish grant of land, cannot be attacked in another action, on .the ground that the grantee was not competent to take the grant, by reason of having received a grant of more than eleven square leagues of land before he obtained the grant confirmed.</p> <p>Suit to vacate a Patent for Land.—A patent issued by the United States for a confirmed Mexican or Spanish grant will not be vacated by a State Court because the grantee had received a donation, of more than eleven square leagues of land from Mexico or Spain before he received the grant confirmed.</p> <p>Judgments of Federal Courts.—State Courts cannot set aside or indirectly review the judgments of the Federal Courts made in