Botiller v. Dominguez
Encyclopedia
Botiller v. Dominguez, 130 U.S. 238 (1889), was a decision by the United States Supreme Court dealing with the validity of Spanish or Mexican
land grant
s in the Mexican Cession
, the region of the present day southwestern United States
that was ceded to the U.S. by Mexico in 1848 under the Treaty of Guadalupe Hidalgo
.
The action was in the nature of ejectment, brought in the Superior Court of the Los Angeles County
by Dominga Dominguez against Brigido Botiller and others, to recover possession of a tract of land situated in said county, known as 'Rancho Las Virgenes
'. The title of the plaintiff
was a grant claimed to have been made by the government of Mexico to Nemecio Dominguez and Domingo Carrillo, on October 1, 1834, but no claim under this grant had ever been presented for confirmation to the board of land commissioners, appointed under the California Land Act of 1851 (9 St. 631,) 'to ascertain and settle the private land claims in the state of California,' and no patent had ever issued from the United States to any one for the land, or for any part of it.
The Court held that no title to land in California
dependent upon Spanish or Mexican land grants can be of any validity unless presented to and confirmed by the board of land commissioners within the time prescribed by the United States Congress
.
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
land grant
Land grant
A land grant is a gift of real estate – land or its privileges – made by a government or other authority as a reward for services to an individual, especially in return for military service...
s in the Mexican Cession
Mexican Cession
The Mexican Cession of 1848 is a historical name in the United States for the region of the present day southwestern United States that Mexico ceded to the U.S...
, the region of the present day southwestern United States
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
that was ceded to the U.S. by Mexico in 1848 under the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
.
The action was in the nature of ejectment, brought in the Superior Court of the Los Angeles County
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
by Dominga Dominguez against Brigido Botiller and others, to recover possession of a tract of land situated in said county, known as 'Rancho Las Virgenes
Rancho Las Virgenes
Rancho Las Vírgenes was a land grant in present day Los Angeles County, California given in 1802 by Spanish Governor José Joaquín de Arrillaga to Miguel Ortega but was abandoned after his death in 1809. Nemecio Domínguez and Domingo Carrillo received a Mexican grant in 1834. Nuestra Señora la...
'. The title of the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
was a grant claimed to have been made by the government of Mexico to Nemecio Dominguez and Domingo Carrillo, on October 1, 1834, but no claim under this grant had ever been presented for confirmation to the board of land commissioners, appointed under the California Land Act of 1851 (9 St. 631,) 'to ascertain and settle the private land claims in the state of California,' and no patent had ever issued from the United States to any one for the land, or for any part of it.
The Court held that no title to land in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
dependent upon Spanish or Mexican land grants can be of any validity unless presented to and confirmed by the board of land commissioners within the time prescribed by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
.
See also
- List of United States Supreme Court cases, volume 130
- Alta CaliforniaAlta CaliforniaAlta California was a province and territory in the Viceroyalty of New Spain and later a territory and department in independent Mexico. The territory was created in 1769 out of the northern part of the former province of Las Californias, and consisted of the modern American states of California,...
- Treaty of Guadalupe HidalgoTreaty of Guadalupe HidalgoThe Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
- Aboriginal title in CaliforniaAboriginal title in CaliforniaAboriginal title in California refers to the aboriginal title land rights of the indigenous peoples of California. The state is unique in that no Native American tribe in California is the counterparty to a ratified federal treaty...