McFadden v. Robinson

• Citation: 22 F. 10
• Parties: McFADDEN and others v. ROBINSON and others.
• Decision Date: 20 October 1884
• Court: United States Circuit Court, District of California

22 F. 10

McFADDEN and others v. ROBINSON and others.

United States Circuit Court, D. California.

October 20, 1884

A. L Rhodes, for complainants.

Wm Matthews, for defendants.

SAWYER J.

The suit is in equity, to quiet title to a tract of land which is covered by two patents, issued upon confirmations of two Spanish grants; one for the Santa Ana rancho, and the other for the Las Bolsas rancho.

The petition for removal states as follows: That the action arises under the act of March 3, 1851, and under the treaty of Guadalupe Hidalgo; that the claim of plaintiff is based on a right and title which originated under Spain, while California was a province of Spain, and also upon an expediente made by the authorities of Mexico while California was a part of the domain of the republic of Mexico; that the grant was presented by Bernardo Yorba to the tribunals of the United States for confirmation, under the act of 1851; that the claim was subsequently confirmed, and a patent issued upon the confirmation, December 21, 1883; that the patent includes all the land in controversy; that the complainants have acquired, and they now hold, all the title to the land in controversy which passed by said Spanish and Mexican titles, and said patent, and that they now claim the same under said title and under no other title; that the defendants are owners in fee of the lands in controversy that their rights arise under a title granted by Spain, and a further grant by Mexico, while California was still a part of the domain of those countries, respectively; that the title is other and different from that held by complainants; that the title was held in 1852 by Ramon Yorba et al.; that in that year it was presented to the board of land commissioners for confirmation, and was afterwards finally confirmed; that patents thereto were issued as follows: For one undivided half to Ramon Yorba et al., on June 9, 1874, and the other half to Justo Murillo et al., August 27, 1877; that defendants hold all the title passing by both these last-named patents, and they hold no other title; and that the matter in dispute depends upon, and will be determined by, the weight and force in law of the respective patents, and titles therefrom derived, held, as aforesaid, by complainants and defendants.

The case as stated in the petition for removal, in my judgment does not appear to present any disputed question of law arising under the constitution or laws of the United States. So far as appears, neither party questions the right of the Spanish and Mexican governments to make either grant,-- either the grant under which the complainants claim, or that under which the defendants claim. Neither party appears to question the right of the grantees of either grant to the protection accorded by the treaty. Both parties rely upon the binding and obligatory force and effect of the treaty. Neither party denies the...