Weber

Weber v. United States

Good Law
29 F. Cas. 527·1861 U.S. Dist. LEXIS 4
United States District Court, Northern District of CaliforniaJanuary 3, 1861California968 words

Opinion

Lead Opinion

Hoffmax, J.

This case having been finally confirmed [Case Xo. 16,657], and a survey and location made by the surveyor general, it was brought before the court on exceptions to the location. After a full hearing of various counsel, the court delivered its opinion, setting forth at length its reasons for the judgment therein pronounced. [Id. 17,82y.] A new survey has accordingly been made, and it now comes up for final approval.

The only question open for discussion is whether this last survey and location are in accordance with the opinion of the court. As, however, the correctness of the location, as directed by the court to be made, was accidentally touched, I may say that I have seen no reason to suppose that the conclusion arrived at and the survey ordered to be made were not correct, and as likely to carry into effect the presumed intention of the grantor as any that could be adopted. It has seemed to me that the surveyor has substantially conformed to the decree of the court.

It appears, however, that the claimant has long occupied a tract of land differing in a slight degree from the boundaries which a rigid adherence to the opinion of the court would require to be established. On…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.