(DOWNLOAD) "United States v. Billing" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Billing
- Author : United States Supreme Court
- Release Date : January 01, 1864
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Mr. Wills, for the United States, contended, that the owners of both tracts were in fact the same persons; that if the deputy surveyor had not made his survey excluding the league on the west, the league put into the Nicasio tract,–the Potrero would have been excluded, and the claimants have thus lost the most valuable part of the whole tract; that to get this Potrero they had procured this survey by the deputy surveyor to be made, and had got the one league on the west included in the Nicasio tract (their tract, also, as was argued), in order to get the Potrero included in the Novato. The whole thing, it was urged, was a plan to get three leagues, the Potrero being included, where, otherwise, they would have got but two, with the Potrero excluded. It was argued, upon the evidence, not here reported, that the record of juridical possession did show that the Potrero was excluded, and that the tract of which possession was delivered was the Novato without that and with the part which the deputy had put into the Nicasio. In Malarin v. United States,2 this court relied largely on this ancient proceeding of the Mexican law,–the identical form almost of the common law of England; and though no doubt, as was rightly decided in United States v. Halleck,3 it will, as a general thing, follow boundaries distinctly given in a decree, it will not do so where it is plain that by the act of juridical possession the party was confined to less space; which space conforms exactly with the amount called for by the very grant confirmed. In the case of United States v. Halleck,4 it is said that 'the decree is a finality, not only as to the question of title, but as to the boundaries which it specifies.' If erroneous in either particular, the remedy was by appeal; but the appeal having been withdrawn by the Government, the question of its correctness is forever closed. In The Fossat Case,5 the same doctrine was fully established.
 "United States v. Billing" by United States Supreme Court # eBook PDF Kindle ePub Free){kind=link}