Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

HENRY DALTON, APPELLANT, v. THE UNITED STATES.

December 1, 1859

HENRY DALTON, APPELLANT,
v.
THE UNITED STATES.



THIS was an appeal from the District Court of the United States for the southern district of California. The title of Dalton to the land which he claimed is set forth in the opinion of the court. The board of commissioners confirmed the title, but the District Court reversed the decree, apparently upon the ground stated in the following exception: Upon the trial of this cause, the United States district attorney offered to prove, by Daniel Sexton and J. S. Mallard, witnesses called on the part of the United States, that Henry Dalton, the appellee in this case, was not, at the time of the grant of the land to him in this case, a citizen of Mexico, but was an alien and a subject of Great Britain, which proof was objected to by J. R. Scott, counsel for appellee; but his honor the judge overruled the objection, and permitted the evidence to be given; to which the appellee, by his counsel, excepted, and prays the court to sign this his bill of exceptions, and make the same part of the record in the case, which is accordingly done. The evidence of these two persons upon this subject was as follows: Daniel Sexton sworn, and says: 1. Question. What is your name, age, place of residence, and occupation?

The opinion of the court was delivered by: Mr. Justice Grier delivered the opinion of the court.

Answer. My name is Daniel Sexton; my age, about 37; I reside in San Gabriel; I am a farmer.

2. Q. How long have you lived in California?

A. I have lived in this part of California, county of Los Angeles, since the fall of 1841.

3. Q. Do you know or not Henry Dalton, the appellee in this case?

A. I do.

4. Q. How long have you known him?

A. I have known him since the latter part of 1844, or beginning of 1845.

5. Q. Do you know how long he has resided in California?

A. Yes; since the latter part of 1844 or beginning of 1845.

6. Q. Do you know the country of his birth?

A. He has frequently told me he was an Englishman.

7. Q. Do you recollect the last time he told you so?

A. Yes–in May, I think it was, in 1847; I was coming, in company with Mr. Dalton, from Azusa to Santanita; he told me that he was an Englishman; that he never was a Mexican citizen, and never intended to be an American citizen.

J. S. Mallard:

My name is J. S. Mallard; residence, San Gabriel; my age is 39, and a merchant by occupation; I have resided in California five years, and in Los Angeles county the same length of time, with the exception of four months. I know Henry Dalton, and have ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.