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eBook details

• Title: Singleton v. Touchard
• Author : United States Supreme Court
• Release Date : January 01, 1861
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Mr. Stanton and Mr. McCrea, (with whom was Mr. Wilkins and Mr. Hepburn,) for defendants in error, argued that the Mexican title set up by the plaintiffs in error was unsound in itself; and even if it were good, it could not be used to resist the perfect legal title of the defendant in error. The confirmation by the District Court amounts to nothing, for it may be reversed. And even if it were a final decree, without a survey or patent, it would be useless in a court of law. Waterman vs. Smith, (13 Cal. Rep., 418;) Waterman vs. Samuels, (15 Cal. Rep., 123;) Mezes vs. Greer, (24 How., 268.) There were two several instructions given by the court below to the jury. If either of them be correct, the verdict rendered for the plaintiff below was correct, and the judgment of the court thereon must be affirmed. The plaintiff in ejectment claimed under a patent from the United States; the defendants under a claim confirmed by the District Court, on which an appeal had been entered by the Attorney General. This claim had not been surveyed; its boundaries were not officially ascertained, nor had any patent been issued for it.

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