Thomas McCartney link to General John Sutter
Article: Gen. John A. Sutter testifies in a lawsuit against Thomas McCartney
In December, 1854, Thomas McCartney and E. Bates, are sued by Mr. Gunn, an administrator
for the Jared Sheldon estate. Mr. Gunn seeks to eject McCartney and Bates from about 320
acres near the Consumnes river.
He maintains that the land is part of a tract of five square leagues, granted by the
Mexican Government to Sheldon on January 8, 1844. Gunn further maintains that Sheldon
petitioned Gen. John A. Sutter, the military commandant and judge of the district, on
April 4, 1854, to visit the land and put him in juridical possession of the land, which
Sutter did. [Presumably this petition was by Sheldon's administrator, as noted below
Sheldon died in 1851 or 1852.]
[Gen. Sutter is generally regarded as having started the California Gold Rush.]
Gen. Sutter testified in the trial that he supported and approved Sheldon's
claim. [Sutter had a vested interest in supporting Mexican land grants as his own property
had been granted by Mexico.] Gunn further maintains that Sheldon had lived on
the property since 1840, or before, to his death in 1851 and that the boundaries of the
land were generally known. [Sheldon's headstone says he died in 1852.]
McCartney and Bates read into evidence two pre-emption claims to their land filed in 1853
and proved the erection of improvements. They also claimed that Sheldon had not made use
of the property, enclosed it, or properly marked its boundaries. They also claimed
that they had used and improved the property without interference from Sheldon's
administrators and that the Sheldon property was too large for general agricultural
purposes.
After rulings on points of law, a jury found for Sheldon's administrator. McCartney and
Bates appealed to the California Supreme Court, which upheld the lower court's decision in
July, 1856.
Supporting notes for this information can be found here:
-- Reports of Cases Determined in the Supreme Court of the State of California.
By California Supreme Court, Bancroft-Whitney Company.
Published by Bancroft-Whitney, 1875.
Pages 279-290
Found on Google Books.
* The information above was submitted to Sloughhouse Area Genealogical Society by descendents of Thomas McCartney and is presented here with permission of the McCartney family. This is for informational use only and for historical interest. No portion of this letter may be copied without consent of the submitter. For information, please contact Sloughhouse AGS.
