Where a grant of land in California was genuine, and issued by
the proper authority, a fraudulent attempt to alter it by erasures
and interlineations for the purpose of enlarging the quantity, made
after California had been ceded to the United States, will not
vitiate the original grant.
The book called Jimeno's Index is not an authoritative proof of
grants enumerated in it, or as a conclusive exclusion of grants not
so registered, but may be referred to as an auxiliary memorandum
made by Jimeno officially while he was secretary.
The case is stated in the opinion of the Court.
Page 63 U. S. 317
MR. JUSTICE WAYNE delivered the opinion of the Court.
All of the documents upon which the defendants rely for a
confirmation of their right to the land in dispute are to be found
on file in the archives among the expedientes of the first class.
Concerning the genuineness of those which show that a grant for a
league and a half was originally made to Marcus West, there can be
no denial. They were admitted by the Attorney General to be
genuine, but he resists the confirmation of that title upon the
ground that fraudulent attempts were subsequently made to enlarge
the quantity intended to be granted by erasures and
interlineations.
West first petitioned for the land, without stating the
quantity. In a few days afterwards, General Vallejo certified that
the land asked for was vacant and that it was not within twenty
leagues of the boundary to California nor within ten leagues of the
seashore. On the 30th of October, 1840, a report was made to the
governor that the petitioner had the qualifications for receiving a
grant and that the land might be granted.
Jimeno was then acting as governor
ad interim. He
declared West to be entitled to the land to the extent of a league
and a half, describing particularly its boundaries, and he made an
entry of his executive action in the case in what is termed
Jimeno's Index.
We do not regard that catalogue of grants as authoritative proof
of grants enumerated in it, or as a conclusive exclusion of grants
not so registered, by Jimeno, which may be alleged to have been
made whilst California was a part of the Mexican Republic, though
they may bear date within the time to which that index relates. But
in this case it may be referred to as an auxiliary memorandum made
by Jimeno himself of his action upon the petition of West.
Page 63 U. S. 318
West died before the claim was acted upon by the United States
commissioners.
We have only to observe that the fraudulent attempts to enlarge
the grant were made after California had been ceded to the United
States, and though the proof of it is undeniable and was an attempt
to defraud the United States, that cannot take away from the wife
and children of West their claim to the grant, which was made to
him before California had been transferred by treaty.
We affirm the decree of the court below, confirming the
grant to West for a league and a half.