Robinson v. Anderson
| Decision Date | 02 May 1887 |
| Citation | 7 S.Ct. 1011,121 U.S. 522,30 L.Ed. 1021 |
| Parties | ROBINSON v. ANDERSON and others |
| Court | U.S. Supreme Court |
[L. D. Latimer, for plaintiff in error.
No appearance for defendants in error.
This is a writ of error sued out under section 5 of the act of March 3, 1875, c. 137, (18 St. 470,) for the review of an order of the circuit court dismissing a suit brought by Robinson, a citizen of California, against other citizens of the same state, for want of jurisdiction. The claim on the part of the plaintiff in error is that upon the face of the complaint it appears that the suit is one arising under the constitution or laws or treaties of the United States, and that consequently the circuit court had jurisdiction by reason of the subject-matter of the action; but on examination we find that, according to the plaintiff's own showing in his complaint, his rights all depend on the boundaries of the Rancho Los Bolsas, granted by the Mexican government to Manuel Nieto, and confirmed and patented to his representatives by the United States under the act of March 3, 1851, c. 41, (9 St. 631,) 'to ascertain and settle the private land claims in the state of California.' Primarily, these boundaries depend on the description of the land granted as found in the patent issued under the decree of confirmation, and it nowhere appears that either the constitution or any law or treaty of the United States is involved in this.
It is true that in the complaint the plaintiff alleges that the several defendants claim to be the owners of parts of the Rancho Santiago de Santa Ana, adjoining the Rancho Los Bolsas on the east, granted by the Mexican government to Antonio Yorba in 1810, and confirmed and patented by the United States to Bernard Yorba and others in 1855; and that, if the ranchos overlap, the title of the defendants is the best, because the grant of the Rancho Santiago de Santa Ana is the oldest and has precedence. He also alleges that the defendants claim 'that they are 'third persons' as to whom the patents of Los Bolsas are not conclusive under the act of' 1851, just referred to, and there are also some allegations as to the authority of the commissioner of the general land-office, under the laws of the United States, to order a resurvey of the Rancho Santiago de Santa Ana, which has been once surveyed so as to exclude the premises in dispute. Many of the defendants answered, denying that they were in possession of any pr tion of the premises in dispute, and others...
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