Stephen Johnson Field

Name: Miller v. Dale — Opinion of the Court
Author: Stephen Johnson Field

Summary

“Miller v. Dale — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as survey, the United States and grant.

Quotes from Miller v. Dale — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ The petition of the second Castro only described El Solis, the tract which he desired, as a place within the jurisdiction of the same military post. Under these circumstances, the concessions being without specific boundaries by which the quantity embraced, when ascertained, could be identified, the only rule which the court can follow in actions at law is to consider the one first located by an approved survey as having appropriated the land covered by the survey. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ The grant to Alvarado, under which Fremont claimed, was for ten leagues within exterior boundaries embracing a much greater quantity; and while the court held, that, as between the government and the grantee, the grant passed to him a right to the quantity of land mentioned, to be laid off by official authority in the territory described, it said, that, if any other person within those limits had afterwards obtained a grant from the government by specific boundaries before Alvarado had made his survey, the title of the latter grantee could not be impaired by any subsequent survey of Alvarado. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ The second Castro was then in possession of a portion of the tract within those boundaries; his right being of the same character,-that of occupancy by permission of the government. The decree confirming his claim, and the survey following it, approved by the land department, are conclusive as to the extent of his possession. The plaintiff shows no better claim to the premises thus possessed by producing a testimonial establishing the boundaries of his settlement, which at the same time provided that existing rights of others should remain unaffected by the proceeding. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ The plaintiffs assert title to the premises under a concession of the former government, confirmed by the tribunals of the United States, and an approved survey under the act of Congress of June 14, 1860 (12 Stat. 34, sect. 5) . That act gives to an approved survey upon a confirmed claim the effect and validity of a patent. Some question is made, whether this effect can be given to a survey approved, like the one here, since the repeal of the act, notwithstanding the reservation of jurisdiction in pending cases by the repealing clause. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ But, independent of this position, if we could regard the original concessions-the one issued to the first Castro in 1802, and the one issued to the second Castro in 1831-as ordinary grants of the governor of the department, and, as such, passing a title, though of an imperfect character, to the grantees, the same result would follow; for they could then be treated only as floating grants. Neither of them gave any definite boundaries to the tract referred to by the general designation of place, and neither specified any quantity: that was only a matter of inference from subsequent documents. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ Great complaints were sometimes made that surveys thus established were unjustly extended in directions so as to include the settlements and improvements of others; and contests over them were, in consequence, often prolonged for years. ”

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Source: Wikisource

Stephen Johnson Field, Miller v. Dale — Opinion of the Court

“ Previous to the issue of this document, and in 1831, another person by the same name, Mariano Castro, under whom the defendants claim, had obtained from the governor of California a license to occupy for cultivation a tract of land called El Solis. Under this license he went into possession of vacant land, and remained in possession until the cession of the country to the United States. His widow and children obtained the decree of confirmation and patent. ”

Stephen Johnson Field

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