United States v. Title Insurance & Trust Co.

• Decision Date: 16 April 1923
• Docket Number: 3856.
• Citation: 288 F. 821
• Parties: UNITED STATES v. TITLE INS. & TRUST CO. et al.
• Court: U.S. Court of Appeals — Ninth Circuit

288 F. 821

UNITED STATES v. TITLE INS. & TRUST CO. et al.

No. 3856.

United States Court of Appeals, Ninth Circuit.

April 16, 1923

Appeal from the District Court of the United States for the Northern Division of the Southern District of California; Oscar A Trippet, Judge.

Suit in equity by the United States against the Title Insurance &amp Trust Company and others. Decree for defendants, and complainant appeals. Affirmed.

Indians 10-- Right of occupancy of ceded Mexican lands held lost by failure to present claim to commission for settlement of Mexican land claims.

The Tejon Indians, who have occupied and used lands in California since before their acquisition by the United States, and who were protected in their right of occupancy by the laws of Spain and Mexico, and by the Mexican grant of a larger tract including theirs, held to have lost their rights by failure to present their claim to the commission created by Act March 3, 1851, when said commission confirmed the title of the Mexican grantees.

Joseph C. Burke, U.S. Atty., of Los Angeles, Cal., and George A. H Fraser, Sp. Asst. Atty. Gen., for the United States.

O'Melveny, Millikin, Tuller & Macneil, of Los Angeles, Cal., for appellees.

Before GILBERT and RUDKIN, Circuit Judges, and DIETRICH, District judge.

GILBERT Circuit Judge.

In the capacity of guardian of a band of Mission Indians, incompetent to manage their own affairs, known as the Tejon Indians, residing on a described tract of land in Kern county, Cal., the United States brought a suit against the appellees, seeking to have the original title of occupancy and possession of the land by the Indians confirmed and established as a species of easement founded on the grant of title to the lands from the Mexican government, and to obtain compensation for alleged acts of wrong and oppression committed by the appellees, and to enjoin further molestation of the Indians. The particular subject of the suit is 5,364 acres within the boundaries of El Tejon rancho, consisting of 98,000 acres. The right of possession of the Indians is based upon allegations setting forth the following facts:

From time immemorial the land has been continuously occupied by the Tejon Indians, who have resided thereon in permanent dwellings, have raised crops and cattle, and have remained under the spiritual charge of the Catholic Church. Under the laws of Spain and Mexico they were entitled to the undisturbed possession and use of the land they occupied with the appurtenant water rights. Their right and title was protected by said laws until the land came under the jurisdiction of the United States. On May 30, 1843, two Mexicans petitioned the Mexican government of California for the grant of the region known as El Tejon. On June 30, 1845, the grant was finally approved. The grant contained the condition that the grantees must not interfere with the cultivation and other advantages which the Indians, who were found established in said place, had always enjoyed. After the treaty of Guadalupe Hidalgo (9 Stat. 922), the Mexican grantees petitioned the board of commissioners appointed under the Act of Congress of March 3, 1851 (9 Stat. 631), to settle private land claims, for confirmation of the grant. On May 8, 1855, the grant was confirmed. The board in its opinion, referring to the condition expressed in the original grant, said:

'This restriction, we have heretofore decided, does not affect the right of property, though it may create a use in favor of the Indians living on the land at the time the grant was made, to the extent actually occupied by them. This, however, is a question cognizable before another tribunal.' On successive appeals to the United States District Court and to the Supreme Court of the United States, the board's decision was affirmed. On May 9, 1863, a patent from the United States was issued conveying to said Mexican grantees the land, which includes the Indian

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