Perkins

This is an appeal from a judgment in favor of plaintiff in an action for ejectment, and from an order denying the defendant’s motion for a new trial.

The premises in question are located in the county of Contra Costa and lie within the limits of the odd-numbered sections of government land embraced within the terms of the congressional grant of such lands to the Central Pacific Railroad Company, of which the plaintiff and respondent herein is the successor in interest. The defendant opposed two contentions to the right of the plaintiff to recover in this action neither of which was sustained by the trial court. The first of these was the contention that the lands in question were originally embraced within the limits of the Mexican grant known as the Romero grant; but the record discloses that the so-called Romero grant was claimed by the brothers Romero to have been made to them by Governor Michel Torino in the year 1844, which claim was presented to the commissioners for the settlement of private land claims in California under the act of March 3, 1851, and was rejected by said commissioners in the year 1853 upon the ground that no such grant had ever been issued, and that upon…