Rufus Wheeler Peckham

“ That act stated that those who are placed in possession are not 'authorized to exchange, sell, or alienate the same until they shall have acquired title,' etc. A grant, therefore, would not be presumed even upon proof of exclusive and uninterrupted possession, so long as it was entirely consistent with the evidence produced in the case, which shows that it originated in a mere license, and there is no proof from which it can be claimed that its character changed from that of a licensee to that of one in possession adversely and under a claim of title by a grant from the government. ”

“ It is urged that the fact of the possession by Samora and his associates, and their heirs, grantees, etc., down to the time of the American occupation of the country, is strong, if not conclusive, evidence of the making of a grant in accordance with the original claims of those petitioners, and that a grant should therefore be presumed. ”

“ The distinction between the effect of a license to enter upon lands uncoupled with an interest therein, and a grant of some title, right, or interest in lands, is stated by Mr. Justice Davis in that case, in which he said: 'A grant passes some estate of greater or less degree, must be in writing, and is irrevocable, unless it contains words of revocation ”