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John Doe, ex dem. of Catharine Louisa Barbarie, Ann Billup Barde, Daniel R. Brower and Ann B. Brower, his wife, Curtis Lewis and Isabella Lewis his wife; John T Lackey and Margaret Lackey his wife; heirs and legal representatives of Robert Farmer deceased brought a case against Miguel D Eslava and others tenants in possession before the US Supreme Court in 1850. The plaintiffs claimed that they were entitled to certain lands located in California which had been granted by the Mexican government prior to its cession to the United States under a grant from Governor Micheltorena dated 1843 but never confirmed by Congress as required by law for valid title transferral. The court found that although there was evidence suggesting that some improvements had been made on the land since it was granted to them no actual title could be transferred until confirmation from Congress occurred making their claim invalid due to lack of proof of ownership rights over said property at time when it became part of US territory after cession agreement with Mexico took place
In the case of John Doe, Ex Dem. Of Catharine Louisa Barbarie, Ann Billup Barde, Daniel R. Brower and Ann B. Brower, His Wife, Curtis Lewis and Isabella Lewis, His Wife, John T. Lackey and Margaret Lackey his wife heirs and legal representatives of Robert Farmer deceased v Miguel D Eslava tenants in possession a dissenting opinion was given by Justice McLean who argued that the court should not have granted an injunction to prevent the defendants from entering onto land owned by Robert Farmer as they had been living on it for many years prior to his death with permission from him or those acting on his behalf; furthermore he believed that if any damages were due then they should be determined through a jury trial rather than granting an injunction which would force them off their property without compensation for their losses incurred while occupying it.