Grimes
United States v. Grimes
Opinion
Lead Opinion
Hoffman, J.
The claimant in this ease derives his title by deed from Joel P. Dedmond, the original grantee. The grant issued to Dedmond by Governor Mich-eltorena on the twenty-fourth of December, 1844. is duly proved, and the expediente containing the petition, diseño and other usual documents, is found in the archives. With regard to the performance of the conditions there is some discrepancy in the testimony. But the witness O’Brien is shown not to have been in the country at the time he swears that no house existed, and his character Yvould seem to be such as to entitle bis testimony, even if uncontradicted, to but little weight. But the testimony of Buzsell, Wyman and Leahey, witnesses to whom Hicks, who was sworn on behalf of the United States, expressly refers as best acquainted with the facts, shows beyond all reasonable doubt that a house was built and a portion of the land cultivated as required by the conditions; and the rancho seems to have been in the possession of Dedmond and his grantees Sinclair and Grimes, up to tlie present time. The location of the land is said by the commissioners to have been established with sufficient, though not with great, precision. In the grant it is…