United States v. Cambuston

THIS was an appeal from the District Court of the United States for the northern district of California, which affirmed a decree of the land commissioners in favor of a grant of land to Cambuston.

The facts are stated in the opinion of the court.

It was argued by Mr. Black (Attorney General) for the United States, and Mr. J. Mason Campbell for the appellee.

Mr. Black made the following points:

1. Assuming the paper on which the claim is based to be genuine, it is, nevertheless, void and worthless, for want of a petition and inquiry.

2. The grant is inoperative, for want of evidence that it was delivered while the Governor had power to make it.

3. The grant is fraudulent, fictitious, and simulated.

Mr. Campbell's points were the following:

1. That the grant itself is evidence, as of the power of Pico to make it, so also of the observance by him of all the necessary preliminaries, and that there is no proof to the contrary. (United States v. Peralta, 19 How., 347; United States v. Arredondo, 6 Pet., 729, 731; United States v. Delassus, 9 Pet., 134; Minter v. Crommelin, 18 How., 88; Bagnell v. Broderick, 13 Pet., 448.)

2. That the possession of the grant is evidence of its delivery to the grantee by Pico, and the presumption of law is that such delivery was made when it might be lawfully, and that there is no evidence to the contrary.

3. That the absence of an approval by the Departmental Assembly, or of a survey, &c., will not defeat the grant. (United States v. Fremont, 17 How., 560; United States v. Reading, 18 How., 7; United States v. Cruz Cervantes, 18 How., 553; United States v. Vaca, 18 How., 556; United States v. Larkin, 18 How., 563.)

4. As no allegation of fraud was made, either before the commissioners or before the District Court, it cannot be entertained in this court, though, if entertained, the circumstances of the case conclusively show the fairness of the transaction. (United States v. Larkin, 18 How., 557.)

Mr. Justice NELSON delivered the opinion of the court.