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UNITED STATES V. NYE, 62 U. S. 408 (1858)

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U.S. Supreme Court

United States v. Nye, 62 U.S. 21 How. 408 408 (1858)

United States v. Nye

62 U.S. (21 How.) 408


Where there was a petition for land in California, addressed to Micheltorena, the governor, which was referred by him to his secretary, Jimeno, and by him to Sutter, and there is no evidence that these papers, with Sutter's certificate, were ever returned to the governor or sanctioned by the authorities of the state subsequently, the evidence is not sufficient to support the claim, although sanctioned by what is called Sutter's general title.

Sutter's general title was this:

In December, 1844, Micheltorena issued a general grant to all persons who had made applications upon which a favorable report had been made by Sutter, and directed Sutter to give them a copy of this order, to serve instead of a formal title.

But this power thus conferred upon Sutter was abrogated by the abdication of the governor, and in this case the power was not executed for more than a year after such abdication. The claim is therefore invalid. chanroblesvirtualawlibrary

Page 62 U. S. 409

The facts of the case and grounds of the claim are stated in the opinion of the Court.

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