United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bergere v. United States, 168 U.S. 66 (1897)

Bergere v. United States

Nos. 43, 46

Argued April 19, 1897

Decided October 18, 1897

168 U.S. 66

Syllabus

On a petition to the Governor of the Province of New Mexico, in 1819, for a grant of public land, made by a resident in that province, the governor directed possession to be given by the alcalde, and the expediente to be transmitted by that officer to the office of the governor, so that, if approved

Page 168 U. S. 67

by him, the proper testimonio might be ordered to be given to

the petitioner.

Held:

(1) That no grant was made until return should be made by the alcalde, and that, until his action should be approved by the governor, it was without effect.

(2) That as there was no evidence in this case, either in the papers presented in support of the petitioner's claim or in the facts and circumstances proved, from which an approval could properly be presumed, the petitioner must be held to have failed in a material part of her case.

(3) That in consequence of such failure, the petitioner was not entitled to judgment for eleven square leagues of the land claimed, under the 7th subdivision of § 13 of the Act of March 3, 1891, c. 539, 26 Stat. 854, creating the Court of Private Land Claims.

The case is stated in the opinion.