Arguello v. United States - 59 U.S. 539 (1855)
U.S. Supreme Court
Arguello v. United States, 59 U.S. 18 How. 539 539 (1855)
Arguello v. United States
59 U.S. (18 How.) 539
The title of the family of Arguello confirmed to the following described tract of land in California, namely, bounded on the south by the Arrogo, or Creek of San Francisquito, on the north by the Creek San Mateo, on the east by the Esteras, or waters of the Bay of San Francisco, and on the west by the eastern borders of the valley known as the Canada do Raimundo.
On the 26th of November, 1835, the Governor of California gave an order that the petitioner should have a tract of land without specifying the boundaries, which was done by an order, having the formalities of a definitive title on the 27th. This latter document must govern the case. No good title is shown which can include the valley on the west.
The testimony upon this point examined.
The decree of 1824 and regulations of 1825 forbid the colonization of territory comprehended within twenty leagues of the boundaries of any foreign state and within ten leagues of the seacoast without the consent of the supreme executive power.
But this restriction only included grants to empresarios who intended to introduce large colonies of foreigners. It did not prohibit grants of land within those limits to natives of the country.
The facts are stated in the opinion of the Court.