United States v. Alviso

by John Archibald Campbell

United States Supreme Court

64 U.S. 318

United States  v.  Alviso

THIS was an appeal from the District Court of the United States for the northern District of California.

The case is stated in the opinion of the court.

It was argued by Mr. Stanton for the United States, and by Mr. Robinson and Mr. Leigh for the appellee.

The arguments upon the value of the title are omitted.

Upon the subject of possession, the counsel for the appellee said:

In such a case as this, lapse of time may operate for, but not against, the petitioner. As was said by the Court of Appeals of Virginia, its weight 'is thrown if favor of the party who insists that the state of things existing during that lapse shall not be disturbed.'

Evans, &c., v. Spengin, &c., 11 Grat., 622.

In these cases the court said: 'The appellees seek only to preserve the existing state of things; they and those under whom they claim have been in possession of the subject in controversy, and have held it since August, 1809, at least. They are demanding nothing at the hands of the appellants; they seek to defend their long-continued actual possession by means of their superior equitable title-a title fully proved by the direct testimony, and confirmed by the lapse of time. There is nothing on the record on which to found the allegation that the appellees, or those under whom they claim, have abandoned or waived their rights; on the contrary, from 1805 or from 1809 they have, in the most emphatic manner, asserted these rights, by holding and enjoying their property.' With a change of dates, according to the facts, these remarks emphatically apply to the present case.

Mr. Justice CAMPBELL delivered the opinion of the court.

Notes