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U.S. Supreme Court

Herrick v. Boquillas Land & Cattle Co., 200 U.S. 96 (1906)

Herrick v. Boquillas Land and Cattle Company

No. 105

Submitted December 7, 1905

Decided January 2, 1906

200 U.S. 96


On appeal from the supreme court of a territory, the jurisdiction of this Court, apart from reviewing exceptions to rulings on evidence, is limited to determining whether the findings support the judgment.

A finding of a territorial court that one of the parties held title to an undivided interest in the land in controversy acquired by conveyance duly made from his grantors to whom the Mexican government had conveyed it in 1833, by good and sufficient grant, which had in 1900 been recognized and confirmed by the United States government, is one of fact, and sufficient to sustain the conclusion of law that the title to the land is in that party.

A judgment of the Court of Private Land Claims is not only tantamount to a quitclaim from the United States, subject to the rights of third parties, but it is also conclusive as to existence of a record title upon those claiming to hold under rights originating subsequently to the cession of the territory from Mexico and also upon those claiming title by adverse possession.

There was no statute of limitations in Arizona prior to 1901 barring a right of action for the recovery of lands by one claiming title against another holding merely by peaceable and adverse possession, and paragraph 2938, Rev.Stat., Arizona, 1901, requiring such an action to be instituted within ten years after the cause of action accrues has no retroactive effect making it applicable to an action commenced prior to its enactment and under the circumstances of this case.

The facts are stated in the opinion.

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