Stevens

The firsff question that I propose examining in this case is, whether the plaintiff has shown that he ever had any higher or better title than that which is presumed from the possession of public lands, or, to state the question differently, am I to treat the lot in controversy as public land in the possession of a private individual by the permission of the government ?

The lot is located in the city of Placerville, in El Dorado county. In Conger et al vs. Weaver et al, October term, 1856, it is said that, “ every judge is bound to know the history of the country where he presides. This we have held before, and it is also an admitted doctrine of the common law. We must, therefore, know that this State has a large territory; that upon its acquisition by the United States, from the sparseness of its population, but a small comparative proportion of its land had been granted to private individuals; that the great bulk of it was land belonging to the government, and that but little as yet has been acquired by individuals by purchase; that our citizens have gone upon the public lands continuously from a period anterior to the organization of the State government to the present…