Ward v. Mulford

Citations

• 32 Cal. 365

Syllabus

<p>Right to Land acquired prom Mexico or Spain.—The transfer of the sovereignty of California from Mexico to the United States did not affect the right of the inhabitants to their land which they had acquired from Mexico or Spain, before such transfer.</p> <p>Titles acquired prom Mexico in California.—The United States, after the acquisition of California from Mexico, was bound to respect, not only perfect titles acquired by the inhabitants under Mexican domination, but also to respect such equitable claims as had their origin in the action of the Mexican Government, but were inchoate at the date of the succession, and to take such steps as were necessary to perfect the same.</p> <p>Judgments Affirming Validity of Mexican Grants.—The judgment of the Board of Commissioners appointed by the United States to inquire into the validity of titles acquired from Mexico, or of the Courts of the United States on appeal, affirming a title derived from Mexico, when final, is conclusive upon the Government and upon all persons claiming under the Government by title subsequent.</p> <p>Bight of California to Land within its Borders.—The State of California came into the Union, with her claim to the lands within her borders, such as she took by virtue of her admission under general grants to all the States previously made by the Federal Government, and such as might thereafter be granted from the same source, and such as she then acquired by virtue of her sovereignty, subordinate to the prior equities of grantees under the former sovereign, and bound by the action of the Federal Government in ascertaining and settling such equities.</p> <p>Mexican Grant of Land Overflowed by Tides.—If the United States has confirmed the title to land in this State acquired from Mexico during Mexican rule, and which the State would otherwise have owned by virtue of its sovereignty, the State has no power to dispose of the same.</p> <p>Land Held by State by Sovereignty.—The land which the State owns