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eBook details

• Title: Grisar v. Mcdowell
• Author : United States Supreme Court
• Release Date : January 01, 1867
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Messrs. Cushing, Cole, and Reverdy Johnson, for the plaintiff in error, contended that, at the time of and long before the American occupation, San Francisco was an organized pueblo; that as such she was by the Mexican law proprietor in fee of four square leagues of land; that the limits of the land were certain; that the title was not an inchoate or imperfect title, but that the entire fee and use–the dominion both direct and useful–was in the pueblo; a matter on which they cited the Partidas and other Spanish authorities; that being private property, the President had no power to make a reservation out of it; that the fourteenth section of the act of March 3d, 1851, was a recognition by the United States of the pre-existing title of the city, and estopped them from pretending to title after that; that the decree of the Circuit Court of the United States in the case of United States v. The City of San Francisco, was not admissible in evidence, an appeal having been taken therefrom, which destroyed its effect as evidence of title; that the decree entered by consent in the United States District Court, on motion of the United States District Attorney, that the United States would not prosecute an appeal from the decree of the board of land commissioners, and that the city should have leave to proceed upon that decree as upon a final decree, was a final adjudication of the title to the land embrc ed within it, and vested the title absolutely in the city. Mr. Stanbery, A. G., and Mr. Lake, contra.

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