Thurn
Thurn v. United States
Opinion
Lead Opinion
Hoffman, J.
In this case the genuineness of .the grant, the regularity of the proceedings, and the fulfillment by the grantees of all the conditions are established by abundant proofs, and admitted on the part of the United States. The proceedings, up to the issuance of a final title and including an approval of the grant by the departmental assembly, were conducted :in strict conformity to the regulations of 1828; and on the eleventh of June, 1834, the final .documento required by those regulations was .issued to the applicants, Maximo Martinez and Domingo Peralta. The present claim is by the representatives of the latter, and. is for one-half of the rancho. Maximo Martinez has also presented his claim, which, however, embraced the whole rancho. To establish his title to the share of his co-grantee, he gave in evidence an alleged conveyance, dated May 19th, 1S34, from Peralta to himself. As this conveyance seemed prima facie to show the whole title to be in Martinez, -the claim to the whole was confirmed to him by the board and by this court. Domingo Peralta now presents his claim, and would clearly be entitled to a confirmation of one-half of the land, had not the United States put in…