YONTZ V. UNITED STATES, 64 U. S. 495 (1859)

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U.S. Supreme Court

Yontz v. United States, 64 U.S. 23 How. 495 495 (1859)

Yontz v. United States

64 U.S. (23 How.) 495


Where a grant of land in California had this clause, viz.,

"The tract of which grant is made is of the extent mentioned in the plan, which goes with the expediente, with its respective boundaries; the officer giving the possession

Page 64 U. S. 496

shall cause it to be measured, according to the ordinance, to mark boundaries; the surplus to remain for the nation, for its uses,"

according to the face of the grant, it must be confined to two leagues mentioned in the petition. Otherwise there could be no surplus.

As there was no legal title, but only an equity, this Court holds, according to previous decisions, that the petition and concession must be taken together, in which case the result would be the same, viz., that the claimant must be confined to two leagues.

The case is stated in the opinion of the Court.

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