The San Francisco call., 1896-06-19
Says Supreme Court Decisions
Are Good Enough for
Him.
IT RESTS WITH sANDERsoN.
Question of the Title Record of the
Mission Property Submitted
Subject to Briefs.

The Noe case has come to at least tenn
porary close. Upon the decision of Judge
Sanderson upon the facts and the law so
far presented will rest the question whether
the decedents of Don Jose Jesus Noe will
be sent up higher with their claims for q
little matter of some $75, 600 worth of
Mission property, or whether the defend
ants will be called into court and each of
the $50 compelled to prove his individual
title from the time of Noe Sr. Judge
Sanderson has heard all he wishes to hear,
and more. upon the record title, and i'm
mediately after vacation he will. render
his decision. If it is adverse to the plant
ifs they must seek consolation in the Su-
preme Court; if in their favor, then the
defendants will have an opportunity to
prove the operation of the statute of linn
itations.,
At the opening of Court yesterday Judge
McKinstry stated that Mr.. Lane had con-
sented to allow him to make the opening
argument, as he was anxious to get away
from town. He said it would only occupy
a few minutes and Judge Sanderson con.
sented to hear him.
Judge McKlnstry opened his argument
by reading the grant of Pico to Noe. He
tions of the grant wherein it was stated
the property was given to him. He also
called attention to the conditions of the
grant. He then cited the case of Scott
against Moore. In this case a Mexican
donation was made under conditions
similar to those of the Noe grant. In this
case it was held that these clauses were
not onerous and there was nothing in
them making the donation a grant. The
conditions did not change the donation to
a grant or purchase. In this case it was
held it was the separate property of the
donee.
ut is perfectly clear" he said, ''that,
unless your Honor wishes to overthrow
all the decisions of the Supreme Court,
be separate property. | understand that
counsel for the plaintiffs admitted that
the Supreme Court was against him, but
urged that their rulings should be set
aside.
''For the sake of argumentlet US suppose
the Supreme Court was all wrong in its de-
cisions on this matter. What If 1t was
No man is wise enough after forty years to
resuscitate these old matters and after
property rights have grown up attempt to
overthrow existing decisions.
when the United States gained domin-
ion over California it became necessary to
protect the rights of those claiming prop
cTI1 uuueI t4t OlQ IGGlIuO- 4O uO ILLS u
Board of Land Commissioners was ap-
pointed. Their duties did not consist
only in passing upon full and complete
rights, but they were to pass upon claims
of all kinds. The title which man has
to property which he has presented for
confirmation to the Land Commissioners
lies in the patent which he receives of
the United States. When a man has re-
ceived a patent no one can come in and
claim title adverse to MIN. Don Jose
Jesus Noe asked that the patent be con-
firmed to him and it was so done. Where,
then, was the only legal title to the landp
1t was IN Jose Jesus Noe and al. claim
ing under him.
'tThese plaintiffs claim under Guada-
lupe Noe, and il she had any interest in
the land it was only half interest. Jose
Noe applied for and received patent for
the whole property to him. They never
applied for or received any patent to any
part of 1T.
''It may have been these plaintiffs had
an interest in the land, but if so 1t was
simply cestui-que trust. which they had
a right to have operated within limited
time.
ut would make no difference bow the
relation between the parties in this regard
arose." He then citedsthe case of Wilson
VS.. Castro, to show that the trust created
in the manner suggested was construc-
blFc tIuSt3 dSdlHSb W Hull LD0 SLdbQU0 VI
limitations would run.
"Supposing we take ourselves" he said,
"back to the time when California was
under Mexican rule. Then, I say, this
property was parate property. / say so,
not because I have delved learnedly into
Mexican law as the gentleman on the
opposite side apparently ATTEMPTED to do,
but because the Supreme Court in early
days has decided that question. An early
case was then cited, which declared that
the husband, both during the life of the
wife and after her DEATH had full dominion
OF the community property and could
freely dispose of it.
II don't know what the Mexican law is"
he continued. 81 am not learned enough
in the civil law to go into those questions.
get my law from the decisions of the Su-
preme Court of this State, and don't be-
lieve any one can go behind it,"
"The Supreme Court has several times
gone behind itself" remarked Splivalvo.
True" said Judge McKinstry, ''but
that is a different matter. When it
changes it is time enough for US to change.
Until then we must take its law"
tsThe question is,' concluded McKin-
stry, whether when the law said he had
a full, free, overhowing power to sell this
estate, his heirs can come in and say to in
nocent purchasers for value, He misap-
propriated the proceeds of that sale. He
settling of the estate and satisfying the
claims of the wife's heirs. Even if they
could, there is not one iota of evidence be-
fore this court that he did not apply the
proceeds to the settling of the estate"
Franklin K. Lane, who represents the
greatest mum Der OF defendants in this suit
and was to make the principal argument,
then addressed the court.
AS your Honor has sat here during tn
last two days. he said, II have no doubt
the question has frequently risen in your
mind: Why was this suit brought2 That
question has occurred to me, and / have
found two answers to it. One of these an
swers should lead all parties connected
with the origin of this case to the States
prison; the other should lead them to the
Home for the Feeble Minded. Either this
case is the result of a plan to levy tribute
on the defendants, or it is the result of an
inability to understand the simple Ian
euage of our Supreme Court, which in a
long series of decisions settled every ques-
ton here involved over thirty years ago.
Either this case is the result of confeder-
ated villiany or of hopeless idiocy. Either
there is matter here for the investigation
of Grand Jury, or of body OF experts on
mental disease.
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