Reports of Land Cases Determined in the United States District Court for the Northern District of California; June Term, 1853 to June Term, 1858, Inclusive

Reports of Land Cases Determined in the United States District Court for the Northern District of California; June Term, 1853 to June Term, 1858, Inclusive

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...was about three leagues. When, therefore, they granted the land by that name, it is at least as probable that they intended a tract of the extent sworn to by the two witnesses, as of the larger extent sworn to by the third or as represented by the petition. The limitation in the condition of the grant removes all doubt upon the subject, and unequivocally expresses the intention which, without it, we might well have attributed to the grantor. The claim to twelve leagues rests entirely upon the supposition that the Governor intended, by the term " Los Meganos," a tract of the extent represented by the petitioner. But when we find him informed by the depositions of two witnesses that the land of that name only included about three leagues, there is surely as much reason to suppose that he meant a tract of the smaller extent as of the larger. There is therefore nothing repugnant to the apparent intention of the Governor or the Deputation in the introduction of the limitation of quantity in the fourth condition. Nor can I perceive on what grounds the Court would be authorized to strike from the grant so important a part of it. As the grant can in no case be deemed a grant by metes and bounds, the words "a little more than," which precede the words "three leagues," are not susceptible of any definite construction. They were probably inserted as an authority to the judicial oflicer, slightly to increase the quantity for convenience of boundary, or similar reasons. As no such discretion can be confided to the Surveyor General, those words must be rejected for uncertainty, and the claimant confirmed to the precise quantity of three square leagues, to be located within the boundaries described in the petition, in...show more

Product details

  • Paperback
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236897188
  • 9781236897183