The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-02
BIC LAND PLOT.
1t Receives a Setback in the
United States Circuit .. f.
Court.
of the Acres n:Dispute
VIII. Have to Be
Given: -. -. r.

Alfred "Nobby'3 Clarke and his wife,
Johanna f., received quite setback in. the
United States Circuit Court yesterday.
Mrs. Clarke asserts that she owns 3845
acres: of land in the vicinity of Lake Mer-
ced and that she has been in quiet and
peaceable possession of it for twenty-five
years. William lewiston came along a
few years ago and claimed the land under
the following title: +: T.. ::
-: UNITED STATES or. AMERIcA,ls
r: II STATE OF CALIFORNIA; 4.
To all whom these presents shall come greet
ling. - = -: = e.. L:
WHEREAS, Under the provisionsof an act of
the Congress- of. the United States entitled ttAn
act donating pubnclands 10 the several States
and Territories which may provide colleges for
the benefit of agriculture and the mechanical
arts" approved July /, =lS62; 10000 acres OF
the,public lands: were granted to.the State of
California; and whereas, the Legislature OF the
State. of California has provided Tor the sale
and conveyance of said lands by statutes
enacted from time to time; and whereas, IL
appear rs by the certificat e of the land agent of
the ilniyersity,*N No. 134, issued in accordance
with the provisions of law bearing date I'd
Septemb bel 1879, that the tracts of agricultural
college land herein described have been duly
and properly located in accordance with the
law, a nd that vii IAN Lewiston, assignee of
Benjamin. Is. Brooks (the latter assignee OF
John Mrllin), lis entitled to receive patent:
therefor: now, therefore,
The State of California hereby grants to said
William lewiston, assignee, and to his heirs
and assigns forever. the said tracts of land
located as aforesaid, and which are known and
described as follows, to wit: Lots II, IL, l3, IA
and 10. in section %, township 2 south, range
6West, Mount Diablo base and meridian, con tain
ing SO. As acres taken in lieu of forty acres;
together with all the privileges and appurte-
Tances thereunto appertaining and belongi ing
To have and TO hold the afore- granted prem
Uses to the said William lewiston assignee, and
to his heirs and assigns, to his and their use
and behalf forever. - ! -
=. In testimony whereof, ], William Irwin, Gov
+eInor. of the State of California, have caused
these letters to be made patent and the seal Of
the State of California to be hereunto affixed.
Given under my hand, at the city OF Sacra-
mento, this 9th September, lS 70.
WILLIAM IRWIN, Governor.
Lewiston brought suit for an ejectment
and won. The case was put in the handsof
Sheriff McDade and then Mr.. and Mrs
Clarke sued out restraining order in the
Circuit Court. Clarke claimed that the in
:stfume mt issued by Governor Irwin us a b.
solItely,void, and conveys no title or in
terest, as it was made without authority OF,
law andin violation of the statutes OF the
United States. -. -: -
+ Ieyistons attorney demurred on the
ground that Mrs. Clarke was not entitled
b TO the relief prayed for, and that the Cir
curt Court had no jurisdiction over awrit
o.. possession issued out of the Superior
court j Justice -McKenna sustained the
|: demurrer. IT his is only. one of dozens of
: ases:of "a similar nature in which Clarke
. IS mixed up. Acting on his advice people
have Pre-empted university lands, and this
one OF Mrs: Glarke's is being made a test
case. ~. -, =.