United States v. Teschmaker
63 U.S. 392

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U.S. Supreme Court

United States v. Teschmaker, 63 U.S. 22 How. 392 392 (1859)

United States v. Teschmaker

63 U.S. (22 How.) 392

Syllabus

Where none of the preliminary steps required by the act of 1824 and regulations of 1828 have been observed or shown, as there required, previous to the grant, and no record of the title, as also there required, and but slight evidence of possession, either as to value or permanency, the proof of the genuineness of the official signatures to the grant is not sufficient. Evidence under the circumstances of grants in California should be given so as to make the antedating of the grant irreconcilable with the weight of the proof; otherwise there can be no protection against imposition and fraud.

The record of the title must be shown, or its absence accounted for to the satisfaction of the court.

The state of the title and a brief summary of the evidence are given in the opinion of the Court.

Page 63 U. S. 401

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