Chaboya

United States v. Chaboya

Good Law
25 F. Cas. 376
United States District Court, Northern District of CaliforniaJuly 1, 1859California945 words

Opinion

Lead Opinion

Hoffman, J.

It appears from the proofs in this case that on the 11th of May, 1839, Pedro Chaboya presented a petition to Gov. Alvarado, asking for a concession of the land which he then occupied by the permission of the prefecture of the district, and stating that the reclamations against him, addressed to the prefecture by the residents of the pueblo, were absolutely destitute of justice, as he in no way prejudiced their rights, and the land was vacant. On the 20th May, 1839, Gov. Alvarado, by a marginal order, referred the matter to the prefecture, and directed that the interested party “should continue in the possession in which he finds'* himself, while the suitable procedure is going on.” On the 25th May, 1839, the prefect reports that the petitioner ought to be excused from the usual procedure, as the prefecture had already taken, and perhaps dispatched, it conformably to his solicitation. The prefect then goes on to observe that the reclamations which the residents of the pueblo have made, and of which he had verbally informed the governor, had no other design than to remove Ohaboya from the place he had occupied for many years, on account of antipathy or prejudice. With this report,…

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