Summary

Portrait of David Josiah Brewer David Josiah Brewer De Cambra v. Rogers — Opinion of the Court

As it appears affirmatively that, before the contest, De Cambra was informed of the nature of the wrongs he alleges were perpetrated upon him by Rogers, it may be presumed that evidence was offered by both parties upon that question, and that it was decided adversely to his contention. Under those circumstances, nothing is shown except an ordinary contest between two applicants for pre-emption, in which the land officers upon the testimony decided in favor of one and against the other.
Source: Wikisource

Portrait of David Josiah Brewer David Josiah Brewer De Cambra v. Rogers — Opinion of the Court

It appears that De Cambra offered testimony showing his qualifications, settlement, occupation, etc., and it is stated that some evidence was given in support of the Rogers application. It is alleged that the land officers came to their conclusion 'by the misconstruction of the evidence submitted to them and the misapplication of the law to the evidence, and in violation of the just and equitable rights and claims of Manuel S. De Cambra.' For all that appears, the officers may have found the facts to be just the contrary to the averments in the cross-complaint
Source: Wikisource

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