United States v. Nye

THIS was an appeal from the District Court of the United States for the northern district of California.

The facts of the case and grounds of the claim are stated in the opinion of the court.

It was argued by Mr. Hull and Mr. Black (Attorney General) for the United States, and Mr. Benham for the appellee, upon which side there was also a brief by Mr. Felch, and one by Mr. Hawes.

For the United States, it was contended that, under the laws of 1824 and 1828, the Governor had not the power to issue such a grant, and that, when it was issued, Micheltorena was not de facto Governor.

For the claimant, it was contended that the Governor had this power; that he was not restricted by the executive regulation of 1828; that the grant took effect in presenti; that it was not necessary for the grantee to be named; that the party who was to take could be proved by extrinsic evidence; that in this case the grantee was easily made out; that the record shows Nye to be one of the persons; that it was not necessary for the grant to be delivered to Nye, but that a delivery to Sutter was sufficient; that, under the Spanish law, copies were public writings; and that all the claimants under this general title were a meritorious class.

Mr. Justice CAMPBELL delivered the opinion of the court.