William Campbell Andothers, Plaintiffs In Error v. Clement Boyreau

• Decision Date: 01 December 1858
• Docket Number: THIRTY-SEVEN
• Citation: 16 L.Ed. 96,21 How. 223,62 U.S. 223
• Parties: WILLIAM CAMPBELL ANDOTHERS, PLAINTIFFS IN ERROR, v. CLEMENT BOYREAU
• Court: U.S. Supreme Court

62 U.S. 223

21 How. 223

16 L.Ed. 96

WILLIAM CAMPBELL AND THIRTY-SEVEN OTHERS, PLAINTIFFS IN ERROR, v. CLEMENT BOYREAU.

December Term, 1858

THIS case was brought up by writ of error from the Circuit Court of the United States for the northern district of California.

The case having been decided by this court upon a point of practice, it is necessary to state only so much of its as to show how the point of practice arose.

It was a suit in the nature of an ejectment, brought by Boyreau to recover all the undivided half of an undivided eighteenth part of that certain tract of land, rancho, or farm, known as the 'Rancho San Leandro,' situate in the county of Alameda, State aforesaid, bounded as follows: on the north by the San Leandro creek; on the west by the bay of San Francisco; on the south by the San Lorenzo creek; and on the east by a line commencing on the southern bank of the San Leandro creek, at a point on said bank, from whence a line bearing south, 29 degrees east, will strike the eastern bank of a lagoon, situated about six or seven chains south of said creek, thence running on said line about two hundred and sixty-two (262) chains, parallel with a ridge of hills running from the San Leandro creek to the San Lorenzo creek, at a point at the base of the foot hills on the said creek.

Upon the trial, the whole case was submitted to the court, a jury being expressly waived by agreement of parties; and the evidence and arguments of counsel being heard, the court proceeded to find a long history of facts, which is set forth in the record. The copy of the grant offered in evidence excluded land on the east occupied by the Indians, and the court, in its finding, ran the east line in such a way as to exclude two of the defendants, who were pronounced not guilty. All the evidence necessary for the court to make up its opinion upon this point, and also upon other facts in the case, would seem to belong more appropriately to a jury. The second bill of exceptions contained the elaborate opinion of the court, in which questions of fact and questions of law were all decided.

The case was argued for the defendant in error in this court by Mr. Brent and Mr. Crittenden, who, upon the point in question, contended that the finding by the court of the facts was as binding on the plaintiffs in error as if the facts were stated in a special verdict.

Mr. Chief Justice TANEY delivered the opinion of the court.

This is an action of ejectment (although the pleadings are not in the form prescribed by the common law) to recover a tract of land called San Leandro, situated in California. It was brought in the Circuit Court of the United States for that district. The parties agreed to waive a trial of the facts by a jury, and that the facts as well as the law should be decided by the court, upon the evidence adduced by the parties.

In pursuance of this agreement, evidence was offered on both sides; and the court proceeded to decide the facts in dispute, and then proceeded to decide the questions of law arising on the facts so found by the court; and finally gave judgment against the plaintiffs in error, who were defendants in the court below. And this writ of error is brought to revise that judgment.

It appears by the transcript that several exceptions to the opinion of the court were taken at the trial by the plaintiffs in error—some to the admissibility of evidence, and others to the construction and legal effect which the court gave to certain instruments of writing. But it is unnecessary to state them particularly; for it has been repeatedly decided by this court, that, in the mode of proceeding which the parties have seen proper to adopt, none of the questions, whether of fact or of law, decided by the court below, can be...