Hogan

Hogan v. United States

Good Law
72 F.2d 799·1934 U.S. App. LEXIS 4692
United States Court of Appeals for the Ninth CircuitAugust 29, 1934No. 7272California4,688 words

Opinion

Lead Opinion

Garrecht, J.

This proceeding was instituted by the appellant and was designed to abrogate a patent issued by the United States for lands covered by a M exiean land grant. The claim and the Mexican grant were confirmed more than 75 years ago by the “Board of Commissioners,” established by and acting in accordance with “An Act to ascertain and settle the private Land Claims in the State of California.” Act March 3, 1851, c. 41, 9 Stat. 631 . The patent was issued more than 60 years ago. The following is a statement of the case, largely adapted from the appellant's brief:

On October 7, 1852, Eulogio do Celis filed a petition before the Board of Commissioners, which, omitting’ caption and signatures, is in words and figures as follows, to wit:

The Exhibits A, B, and C, which are referred to in and attached to the petition and made a part of it, are, omitting caption and signatures, in words and figures as follows, to wit, Exhibit A:

Exhibit B, as follows:

Exhibit G, as follows:

Thereafter, and on the 3d day of July, 1855, the Commission, sitting as a board, rendered and filed an opinion in the case, which, omitting caption and signatures, is as follows:

Thereafter, and on the same date, the…

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