Leese

delivered the opinion of the court.

Anderson, Justice, concurred; “ that the judgment of the court below be affirmed.”

This was an action of ejectment brought by the appellants to recover possession of a certain tract of land, situated in the City of San Francisco. The whole record is encumbered with exceptions to the various rulings of the court below, which are unnecessary to be considered, as the case must ultimately turn on the question, whether the grant under which the plaintiffs claim title is sufficient in law to sustain an ejectment.

The grant under which plaintiffs claim, purports to have been made to them May, 21st, 1839, by Alvarado, Governor of California, prior to its acquisition by the United States.

Assuming for the present that the courts of this State can entertain jurisdiction of titles of this description without previous confirmation or legislative recognition, a position to which this court is by no means to be considered as assenting, and that the land in question was public domain of Mexico at the time of its alienation, it is necessary for us to ascertain the regulations established by the government of Mexico in relation to grants of land, and whether…