Luco

Luco v. United States

Good Law
15 F. Cas. 1080
United States District Court, Northern District of CaliforniaJune 15, 1858California10,765 words

Opinion

Lead Opinion

Hoffman, J.

The claim in this case is for a tract of laud of from thirty to fifty square leagues in extent, constituting a sobrante, or surplus, between various *1081 ranchos mentioned in the title. It- was rejected by the board as spurious. The testimony is very voluminous. I have considered it with the attention due to its importance. The claimants have offered in evidence a paper purporting to be the original petition of José de la Rosa to the governor, dated October 18th, 1845, with a marginal decree of the latter, dated November 8th, 1845. Also the original grant, signed by Pió Pico, José Ma. Covarrubias, secretary, dated December 4th, 1845, with a certificate of approval by the assembly, signed by the same persons, and dated December 18th, 1845. These papers are not produced from the archives of the former government, but were deposited in the surveyor general’s office on the twenty-fifth of October, 1853, by the claimants. No claim was presented to the board within the time limited by the act of 1851. An application was therefore made to congress, and a special act was passed July 17th, 1854, authorizing the presentation of the claim. This application was based upon the affidavits of…

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