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Botiller v. Dominguez

From Wikipedia, the free encyclopedia
1887 real estate case

1889 United States Supreme Court case
Botiller v. Dominguez
Submitted January 7, 1887
Decided April 1, 1889
Full case nameBrigido Botiller, et al. v. Dominga Dominguez
Citations130U.S.238 (more)
9 S. Ct. 525; 32L. Ed. 926
Case history
PriorWrit of error to the Supreme Court of the State of California
Holding
No title to land in California dependent upon Spanish or Mexican land grants can be of any validity unless presented to and confirmed by the board of land commissioners within the time prescribed by Congress.
Court membership
Chief Justice
Melville Fuller
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
Horace Gray · Samuel Blatchford
Lucius Q. C. Lamar II
Case opinion
MajorityMiller, joined byunanimous
Part of a series on
Chicanos andMexican Americans
Mexican America
Early-American Period
Pre-Chicano Movement
Chicano Movement
Post-Chicano Period

Botiller v. Dominguez, 130 U.S. 238 (1889), was a decision by theUnited States Supreme Court dealing with the validity ofSpanish orMexicanland grants in theMexican Cession, the region of the present daysouthwestern United States that was ceded to the U.S. by Mexico in 1848 under theTreaty of Guadalupe Hidalgo.

The action was in the nature of ejectment, brought in the Superior Court of theLos Angeles County by Dominga Dominguez against Brigido Botiller and others, to recover possession of a tract of land situated in said county, known asRancho Las Virgenes. The title of theplaintiff was a grant claimed to have been made by the government of Mexico to Nemecio Dominguez and Domingo Carrillo, on October 1, 1834, but no claim under this grant had ever been presented for confirmation to the board of land commissioners, appointed under theCalifornia Land Act of 1851 (9 St. 631,) "to ascertain and settle the private land claims in the state of California", and noland patent had ever issued from the United States to any one for the land, or for any part of it.

The Court held that no title to land inCalifornia dependent upon Spanish or Mexican land grants can be of any validity unless presented to and confirmed by the board of land commissioners within the time prescribed by theUnited States Congress.

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