UNITED STATES V. NOE, 64 U. S. 312 (1859)

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U.S. Supreme Court

United States v. Noe, 64 U.S. 23 How. 312 312 (1859)

United States v. Noe

64 U.S. (23 How.) 312


Where a grant of land in California was made in 1841, under the colonization laws, which looked to the settlement and improvement of the country, and eleven years elapsed, during which time the applicant took no step towards

Page 64 U. S. 313

the completion of his title or the fulfillment of the obligations it imposed, nor is there any expediente in the archives to show the segregation of the land from the public domain, nor was there any delivery of judicial possession, nor any other assertion of right, the claimant must be considered guilty of an unreasonable delay in fulfilling his part of the engagement, and has slept for a lengthened period on his rights, coming forward at last, when circumstances have changed in his favor, to enforce a stale demand.

The excuse for the laches of the applicant that the Indians were numerous and hostile is not sufficient. That fact existed at the date of the decree in 1841.

The claim must be treated as one abandoned prior to the date of the Treaty of Guadalupe Hidalgo, and is not entitled to confirmation.

This was a claim for an island in the Sacramento River in California.

The case is stated in the opinion of the Court.

Page 64 U. S. 314

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