The weekly Placer herald., 1853-11-05
Judge HOffman's Land Decis-
EOnS


The decisions of Judge Hoffman, of
the U. ). District Court, IN the Reading
and Cervantes cases, appealed from, and
which had been confirmed by, the former
Board of Land Commissioners, are well
worthy of consideration. In the latter
case the Judge says, if he were to consult
his own feelings, he would refrain from
expressing an opinion in any of these ca
ses, and would content himself with en-
terng ii pro fornlG decision in every case
coming rom either the former or present
Board, so that they might at once he sub
mitted to the u. Supreme Court, where
alone they will be final y determined; but
as his duty required him to act, he did so
with consciousness that his decisions,
whatever they might be, would be re-
viewed by that higher tribunal, and, if
wrong corrected. He he'd that to con-
slit lte Il complete or valid title, it requir-
ed that the grant be conceded by the Gov
ernor and afterwards approved by the
Territorial Deputation OF by the Suprt me
Government. 1t was in evidence that the
grant was made by the Governor, subject
to the approval Of the Deputation, and
that it had received no such approval. -
The grant itself being the first, and nee
essary condition TO the obtainance of a
perfect title, is a proof of the claimants
right to be in Court, but could not be con-
strded as a definitively valid title to the
land. Although it was contended that the
original grant passed perfect title, SUBJ
ject only to be annulled by the Deputa-
ton or Supreme Government, he could
not so ronstrue the law of 1928 He did
not look upon the approval of these high
er authorities, as conditioned in the grant
IN order to make it valid, as a condition
su6sequent-but on the contrary "Can
il he said that that which the law dec ares
necessary to the "defnitve validty'' of Il
grant is identical in its effect with a con-
Lltion which on its happening will divpst
an estate already ''defnitively uahd?"
Although the grant of the Governor mas
some va dIty, it is but performance of
part of the necessary conditions TO com
plete the title, but it was not all; and un-
I'll approved by the Deputation or the
supreme Government, it remained inc0n-
plete; and Il confirmation and patent by
United States are now necessary to- pass
the absolute title to the claimant, and his
right to this confirmation must be tested
by the Government of the United States,
by the prime piles laid down in similar ca
ses by the Supreme Court,
IT the claimant had gone on to perform
the conditions Of his grant, no objections
could be urged by tbs Government to the
perfection of his tit e. The grant wa.
made in 1886, and it conditioned, among
other things, that the petitioner should
within one year bui Il house upon the
land and inhahit it, and that a failure to
do so, made it liable to be denounced by,
and granted to another. He did not get
JuridicIai POSSESSION until 1891, and did
not occupy it until 1896, ten years after
the grant i,a'! oeer given, ana rdu>pq qcent-
y the decision 0ftle Commissioners was
reversed and the claim rejected.
The Reading case shows that the clai-
mant Went on to the Hand n 1915, within
n year after it was granted and built him
a house which bis servants inhabited, and
cultlvatrd tie land until 1886, when they
were driven out by the Indians and the
hcrse az! crops destroyed by fire. Du-
ring this titilrI Maj. Reading was called
into the service by Cart. Sutter; who was
then Military Commnmdant Of Northern
California, to queII political disturbances
then agItating the country, and in '46 he
Joined Col Fremont and re aimed in the
service of the l.. S. during the greater
part of that year In '4S" he again went
on his ranch, where he has resided ever
since. His grant was therefore in equity
confirmed. State J0ur1lGl.