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eBook details

• Title: John Yontz, Administrator of Jose Dolores Pacheco, Deceased, Appellant v. the United States
• Author : United States Supreme Court
• Release Date : January 01, 1859
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Yontz prosecutes this appeal as administrator of Jose Dolores Pacheco, who died pending the suit below. There is no controversy in relation to the validity of the grant, but only as respects the quantity confirmed by the District Court, being two square leagues. The claimant insists that he is entitled to a survey and patent from the United States corresponding to the out-boundaries embraced in his diseno, and the description given of the rancho in the Governor's grant, which recites: 'Whereas citizen Jose Dolores Pacheco has sought to obtain for his personal benefit and that of his family the place lying between the 'creek or ravine' of La Tasajera and the place of 'San Ramon,' bounded by the house of the same place of San Ramon down to the 'dead trees,' (palos secos,) and from this point, taking by the 'Tular' to the 'high hill' (Loma Alta) along the creek or ravine of said Tasajera, and along the range of hills (sierra) and the land of citizen Bartolo Pacheco.' After which the conditional clause follows, to wit: 'The tract of which grant is made is of the extent mentioned in the plan, which goes with the expediente, with its respective boundaries. The officer giving the possession shall cause it to be measured, according to the ordinance to mark boundaries; the surplus to remain for the nation, for its uses.' Pacheco petitioned Governor Figueroa for two leagues of land, in June, 1834, lying within the boundaries set forth in the foregoing description and plan. He then failed to have his petition favorably considered by the Governor, because opposition was made by the mission of San Jose.

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