Rufus Wheeler Peckham

“ We are of opinion, however, that the statute does not require proof of such a grant.
When the United States took possession of that portion of the country in which the lands in question are situated, it is public knowledge that there were many claims made by private individuals to lands under alleged grants from the preceding Mexican government. In order to ascertain and settle the questions arising thereunder, congress, on the 3d of March, 1851, passed an act (9 Stat. 631) in which a commission was constituted and before which claims of that character might be proved. ”

“ It appears, however, that on the 8th of August, 1859, one S. P. Millett became a grantee and entered into the possession of the lands, used, improved, and cultivated them, and continued in the actual possession thereof, according to the lines of the original purchase, until 1868, and that the defendant in error claims through Millett by several mesne conveyances. ”

“ They were taken out of the statutes by an equitable construction. In some cases the letter of a legislative act is restrained by an equitable construction; in others, it is enlarged; in others, the construction is contrary to the letter. The equitable construction which restrains the letter of a statute is defined by Aristotle, as frequently quoted, in this manner: 'Equitas est correctio legis generaliter latae qua parti deficit.' Riggs v. ”

“ The eighth section provided 'that each and every person claiming lands in Ca ifornia by virtue of any right or title derived from the Spanish or Mexican government, shall present the same to the said commissioners when sitting as a board, together with such documentary evidence and testimony of witnesses as the said claimant relies upon in support of said claims ”