Chaboya

United States v. Chaboya

Good Law
25 F. Cas. 371·1862 U.S. Dist. LEXIS 11
United States District Court, Northern District of CaliforniaOctober 31, 1862California4,588 words

Opinion

Lead Opinion

The testimony, in some particulars, confirms the statements of the remonstrance. It is stated, by several witnesses. that the land near the Posa was occupied by Parra, who built a small house, covered with tules and plastered with mud. into which Chaboya moved when it was left' by Parra, in consequence of the opposition made by the pueblo to his making a house there. The records do not disclose what reply was made by the ayuntamiento to the remon- *372 stran.ee of the pobladores. No permission to Chaboya to occupy the land, emanating from the ayuntamiento, is produced, nor is it claimed that any was given. The place called La Posa, or La Posa de San Bautista, is described by nearly all the witnesses as a marsh (cienega), or watering-place for cattle, to which all the stock of the inhabitants of the pueblo resorted. The terms of the remonstrance clearly indicate that the land to which reference was made was not a rancho of one or two leagues in extent, but a piece of ground near the common watering-place of the pueblo, for it states that the “said place” had been occupied for some time by Parra, and it is not pretended that he was ever in occupation of the whole tract up to the…

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