Cohas

delivered the opinion of the court, with which Wells, Justice, and Murray, Chief Justice, concurred.

*446 The plaintiff sued on a note which was given for part of the purchase-money of a lot. The sale of the lot was by warrantee. The defendants set up that the plaintiff has no title, and therefore cannot comply with his warrantee, and they pray a rescission of the contract. It is admitted on the record that the plaintiff derives title from the grant of an American Alcalde, which was made during the war between Mexico and the United States. This involves the consideration, whether, under the Mexican domination, towns were invested with property in lands, whether Alcaldes of towns had power to grant, and if so, whether the qualifications of the officer, and the circumstances of the country at the time of the grant, will affect its validity.

The laws of Spain fully recognize the right of cities, towns, and villages, to acquire and dispose of real estate, subject to the royal regulations, which were made from time to time for their government. And when once acquired, neither the king nor his officers can take away or grant to others any of these municipal lands. “ Our will and…