Umbarger v. Chaboya

Citations

• 49 Cal. 525

Syllabus

<p>Special Act Cónpebeing Jurisdiction on Coubt.—If an Act of Congress gives jurisdiction to a District Court of the United States to adjudicate on the title to certain lands, the Court has no authority under the Act, to adjudicate on the title to lands other than those mentioned in the Act.</p> <p>Jubisdiction op Coubt UNDEB Speoial Act op Congbess.—If a District Court of the United States is authorized by a special Act of Congress to adjudicate on the validity of a Mexican grant to a tract of land described in a petition filed by the claimant in said Court, the Court has jurisdiction to reject the grant except a portion thereof, and confirm that portion not thus rejected.</p> <p>Grants of Pueblo Lands.—If the claim of a Pueblo to a tract of land in California, under the laws of Mexico, was confirmed, and the decree excepted from the confirmation such parcels of land within the limits of the Pueblo as had, by grants from lawful authority, vested in and been confirmed to parties claiming thereunder, and such parcels as should thereafter, in proceedings then pending, be confirmed to such parties, the confirmation of such excepted parcels gave to the confirmees a title, as against claimants under the Pueblo confirmation.</p> <p>Idem.—In such case, the claimant under the Pueblo confirmation is not a third person, within the meaning of the Act of Congress of March 3, 1851, whose rights were not concluded by the confirmation to the grantee within the Pueblo limits, and cannot, in ejectment brought by the latter, show that the grant to the latter was a fabrication.</p> <p>Effect of Confirmation of Grants within Pueblo Lands.—If the tribunals of the United States confirm lands to a Pueblo, excepting therefrom grants made within the limits of the Pueblo to other parties, whether confirmed before the Pueblo confirmation, or afterwards upon proceedings then pending, a confirmation of one of such grants is conclusive as against the Pueblo, and cannot, in a collateral action, b