Marsh

Marsh v. United States

Good Law
16 F. Cas. 820
United States District Court, Northern District of CaliforniaDecember 15, 1857California1,234 words

Opinion

Lead Opinion

Hoffman, J.

The claim in this case is for a tract of land called “Los Meganos,” granted to José Noriega, October 13th, 1835, and approved by the territorial deputation, October 15th. 1835. The final doc-umento and titulo issued December 2d, of the same year. The original grant was not produced to the board, nor was any satisfactory evidence of its contents given. The expedi-ente, however, containing the petition, informes and decree of concession, was found duly archived, and on these documents, together with parol proof that the titulo had in fact issued, the claimant relied for confirmation. In his petition, Noriega set out the boundaries of the land solicited with some particularity, and states its extent to be four leagues from south to north, and three from east to west. Inasmuch as the decree of concession and the approval of the deputation showed that the land of “Los Meganos” had been granted, it was contended that the lost titulo must have embraced the land solicited in the petition. It was not, however, urged that all the land embraced within the boundaries had been granted, and the claim was confined to a tract of twelve square leagues which had been, at the instance of the…

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