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UNITED STATES V. LARKIN, 59 U. S. 557 (1855)

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U.S. Supreme Court

United States v. Larkin, 59 U.S. 18 How. 557 557 (1855)

United States v. Larkin

59 U.S. (18 How.) 557


Where there was a grant of land in California made by the governor to the secretary of the government, and neither the petition nor the patent stated the quantity, but the concession and direction by the governor to the proper officer to issue the patent limited the quantity to eleven square leagues, this concession and direction constitute a part of the evidence of title, and are sufficient to make a good grant for that amount. chanroblesvirtualawlibrary

Page 59 U. S. 558

The petition to the governor was accompanied with a sketch or map giving the location and boundaries of the tract. The patent refers to this sketch, and by it the land can be located.

The fraudulent nature of the grant was not made a question in the court below, and therefore cannot be made here. Moreover, there is no evidence of fraud.

The objections that the case was not submitted to the departmental assembly and that judicial possession was not taken of the land are overruled by the case of United States v. Fremont, 17 How. 542.

Neither the act of the Mexican congress of 1824 nor the regulations of 1828 prescribe any particular form of grants or patents of the public lands. And there is no uniformity with respect to the conditions imposed upon the grantee either in those which relate to the cultivation or taking possession of the land. The absence of the condition of settlement within a limited time will not avoid the grant in this case.

The facts are stated in the opinion of the Court.

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