Nathan Clifford

Name: Higueras v. United States — Opinion of the Court
Author: Nathan Clifford

Higueras v. United States — Opinion of the Court

Summary

“Higueras v. United States — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as decree, survey and tract.

Quotes from Higueras v. United States — Opinion of the Court (Nathan Clifford)

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ Nothing can be plainer than the proposition that a decree of confirmation under that act, which is in itself void, cannot be the proper foundation of a legal survey and location of the claim; and if not then, it is equally clear that the survey of the claim, although made by the surveyor-general, and ordered into the District Court, cannot confer any jurisdiction upon the court to determine the boundaries of the claim. Assume, therefore, that the proposition under consideration is correct, and it necessarily follows that the claimants have no legal right whatever to any portion of the tract. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ But the court does not, by any means, intend to be understood as acceding to the proposition that the decree of confirmation in this case is either void or voidable. On the contrary, it is clear, we think, that the decree, when properly understood, is not only free from any question as to its validity, but is also of a character to secure to the claimants all their right and title in the premises. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ But ordinarily surveys are so loosely made, and so liable to be inaccurate, especially when made in rough or uneven land or forests, that the courses and distances given in the instrument are regarded as more or less uncertain, and always give place, in questions of doubt or discrepancy, to known monuments and boundaries referred to as identifying the land. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ Every person claiming such lands in California was required to present his claim to the land commissioners for adjudication, and the provision was that all land the claims to which should be finally decided to be invalid, and all lands the claims to which should not have been presented to the commissioners within two years from the date of the act, should be decreed, held, and considered as part of the public domain. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ Measurements of distances and the direction of lines in reference to the points of the compass mentioned in a deed, may be made a part of the description of the premises intended to be granted, and in some cases, where the lines are so short as evidently to be susceptible of entire accuracy in their measurement, and are defined in such a manner as to indicate an exercise of care in describing the premises, such a description is regarded with great confidence as a means of ascertaining what is intended to be conveyed. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ Residue of the decree is without objection, except that the third line has the corresponding error in the course of the line. Substance of the objection is that the course is described as southerly instead of westwardly, as assumed by the appellants, and as running along the west line of the other rancho instead of along the northern line of the same, as it should have been if their theory is correct. ”

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Source: Wikisource

Nathan Clifford, Higueras v. United States — Opinion of the Court

“ Measurements were to be made and monuments fixed on the four sides of the tract, and the officer designated to perform the duty was to make return of his doings to the government. Pursuant to those directions the commissioner attended to the duty assigned to him and made his return, in which he states that he went upon the tract and gave possession to the donee, designating the number of varas allowed on each of the four sides of the concession. ”

Nathan Clifford

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