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Malarin v. United States

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eBook details

  • Title: Malarin v. United States
  • Author : United States Supreme Court
  • Release Date : January 01, 1863
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

'The land whereof mention is made comprises two square leagues (dos sitios de ganado mayor), a little more or less by the plat which accompanies the expediente. The magistrate who gives possession shall cause it to be measured according to law, leaving the surplus which may result to the nation for the necessary uses.' Next follows, a memorandum by Jimeno, that 'this title has been recorded in the respective book on the back of folio 3.' Then a petition from Pacheco himself, dated 1st February, 1841, to the Senor judge of the district, reciting 'that having obtained ownership of the land called Bolsa de San Felipe, which was granted to me on the 14th of October, 1840, as appears by the title and plat which I have the honor to accompany,' he, Pacheco, begs that the judge, in virtue of his 'attributions,' would be pleased to fix a day for giving him, Pacheco, possession. A marginal decree, dated February 12, 1841, then follows. 'Proceed,' it orders, 'to give the possession asked for, to which effect, Friday, the 19th inst., is appointed. Let the neighboring landholders be summoned; appointing previously measurers and counters, informing them thereof, that they accept and take oath.' Accordingly, on the 19th of February, the day which the justices had fixed, the neighboring landholders assembled–the record mentioned–on the ground; two citizens were appointed to measure the land; neighbors consented to the appointment; measurers were sworn 'in the name of the Lord our God, and by the sign of the Holy Cross,' to perform their duty truly; two other citizens were appointed and sworn as counters; the length of the cord was accurately ascertained in the presence of all parties. These preliminaries being all transacted, recorded, and duly attested, the measuring began. The quantity of the land was ascertained to be two leagues, or perhaps a little more, on account of the irregularity of the ground. 'Thereupon,' continued the record, 'the neighbors being all satisfied with the measurement, they went, with the witnesses, the judge, and the petitioner, to the centre of the land, where the judge ordered the petitioner to enter into possession, which the petitioner did by 'pulling up grass and making demonstrations as owner.' This proceeding was ordered to be recorded, and the original 'expediente' to be returned to the party: which order, as the record showed, had been obeyed; the proceedings being entered in the book of possessions. The claimant proved that he had been in the use and occupation of the premises where he now was since the date of juridical delivery of possession.


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