BERREYESA
v.
UNITED STATES
Mr. Chief Justice Waite delivered the opinion of the court.
Notwithstanding the great ability with which this cause has been argued before us on behalf of the appellant, we are unable to distinguish it from a large number of cases to be found in our reports, in which we have felt compelled to decide adversely to claims made under alleged Mexican grants, because it did not appear that a grant from the Mexican government had been “deposited and recorded in the proper public office among the public archives of the republic.” (United States v. Cambuston, 20 How. 64; United States v. Castro, 24 How. 349; United States v. Knight, Adm., 1 Black, 251; Peralta v. United States, 3 Wall. 440.)
The decree of the District Court is, therefore, affirmed upon the authority Of those cases. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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United States v. O'Donnell, 303 U.S. 501 (U.S. 1938)…e United States found by the district court. It held that the paper signed by Alvarado was incompetent evidence of the grant to Castro because of the lack of filing or recordation of the grant in the Mexican archives, see Berreyesa v. United States, 154 U. S. 623, and that the decrees of the Board of Land Commissioners and of the district court on appeal from the Board, confirming the Castro title, were null and void and worthless as evidence because the United States had purchased the interest of the claima…
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United States v. Ortiz, 176 U.S. 422 (U.S. 1900)…gh the provisions of the California act were not as explicitly mandatory as are those of the act of 1891. Thus from the date of the decision, in United States v. Cambuston, 20 How. 59, announced in 1857, to the’ ruling in Berreyesa v. United States, 154 U. S. 623, rendered in 1876,. it was often decided that the burden of proof to sustain a Spanish grant rested upon the claimants, and that the failure to show that the official archives contained evidence that the grant had been made and the fact of the produ…
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Whitney v. United States, 181 U.S. 104 (U.S. 1901)…t page 405 : “ We do not say that the absence of the record evidence is of itself necessarily fatal to the proof of the title; but it should be produced, or its absence accounted for to the satisfaction of the court.” In Berreyesa v. United States, 154 U. S. 623, the court held that the case came within the principle of those cases in which it had decided adversely to claims made under alleged Mexican grants, all because it did not appear that a grant from the Mexican government had been “ deposited arid re…
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