Malarin v. United States

by Stephen Johnson Field

United States Supreme Court

68 U.S. 282

Malarin  v.  United States

THIS was an appeal by Malarin and another, executors of Pacheco, from the decree of the District Court of the United States, for the Southern District of California; the case being thus:

Pacheco claimed a tract of land in California, known as the Bolsa de San Felipe, or Sack of St. Philip, under a grant alleged to have been issued to him in October, 1840, by Alverado, then Mexican Governor of the department.

In 1852, he presented a petition to the Board of Commissioners appointed by the act of Congress of March 3d, 1851, to settle the respective rights of the United States and claimants under the former government, asking for the confirmation of his claim. He produced in support of it, before the board, from the archives of the former government, his petition to the Mexican Governor, Alverado, for the grant specifically of the Bolsa de San Felipe, the reports of the local authorities, and their proceedings thereon. He produced, also, a formal grant to him, signed by the Governor and attested by the Secretary of State, bearing date on the 4th of October, 1840, with a record of juridical possession delivered to him.

This record contained,--

A deed by Governor Alverado, dated October 14, 1840, reciting that Pacheco had solicited the land known by the name of Bolsa de San Felipe; and that the necessary steps and investigations having taken place, and been made in conformity with the law and regulations, he, the said governor, had granted to him the said land, subject to the approval of the Departmental Junta, and to certain 'conditions:' among these were two, thus expressed:

'He shall request the respective justice to give him juridical possession in virtue of this decree; said justice will designate the boundaries, at the limits owhereof the grantee shall, besides placing the land-marks, plant some fruit trees, or wild ones of some utility.

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