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Berreyesa v. United States

154 U.S. 623 Court SCOTUS Decision date 1876-12-11 Docket No. 83 English

Delivered by Waite C.J.

Contents

Majority — Waite C.J.

p. 623
BERREYESA v. UNITED STATES.

Syllabus

APPEAR PROM THE DISTRICT COURT OP THE UNITED STATES FOR THE DISTRICT OP CALIFORNIA.
No. 83.
Argued November 2 and 3, 1876.
Decided December 11, 1876.
When it does not appear that a grant from the Mexican Republic had been deposited and recorded in the proper public office, among the public archives of the republic, this court must decide adversely to a claim under it.
Mr. II. W. Carpenter and Mr. P. Phillips for appellant.
Mr. Attorney General, Mr. Montgomery Blair and Mr. S. O. Houghton for appellee,

delivered the opinion of the court.

Notwithstanding the great ability with which this cause has been argued before us on behalf of the appellant, we are unable to distinguish it from a large number of cases to be found in our reports, in which we have felt compelled to decide adversely to claims made under alleged Mexican grants, because it did not appear that a grant from the Mexican government had been “deposited and recorded in the proper public office among the public archives of the republic.” (United States v. Cambuston, 20 How. 64 ; United States v. Castro, 24 How. 349 ; United States v. Knight, Adm., 1 Black, 251 ; Peralta v. United States, 3 Wall. 440 .)

The decree of the District Court is, therefore, affirmed upon the authority Of those cases. Affirmed.

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