UNITED STATES v. STEWART

No. 2685-S.

29 F.Supp. 59 (1939)

UNITED STATES v. STEWART et al.

District Court, N. D. California, S. D.

August 24, 1939.


Attorney(s) appearing for the Case

Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., John L. Wheeler, Sp. Atty., Department of Justice, of Los Angeles, Cal., Oscar Provost, Sp. Asst. to Atty. Gen., and Philip Buettner, Atty., Office of Judge Advocate General of the Navy, of Washington, D. C., for the United States.

Henry E. Monroe, Warren Olney, Jr., J. M. Mannon, Jr., A. Crawford Greene, Robert L. Lipman, and Warren Olney, III, all of San Francisco, Cal., for defendants Mary W. Stewart, Sears Point Toll Road Co., Bay Land Co., Field & Tule Land Co., and West End Land Co.

W. H. Spaulding and Stoney, Rouleau, Stoney & Palmer, all of San Francisco, Cal. (McCutchen, Olney, Mannon & Greene, of San Francisco, Cal., of counsel), for defendant James Irvine.


ST. SURE, District Judge.

This is a suit brought by the Government to cancel three patents issued to the State of California, and to quiet title to 7,413.48 acres of land claimed to be a part of Mare Island in San Francisco Bay.

"The lands in question are in the area acquired as a result of the Mexican War by the Treaty of Guadalupe Hidalgo, July 4, 1848, 9 Stat. 922, which guaranteed the property rights of Mexicans in the annexed territory. The United States...

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