Appeal from the District Court of the Sixth Judicial District.

The Sacramento Talley Railroad Company applied to the Court below, under the act of 1853, for the appointment of commissioners to ascertain and assess the damages suffered by defendants by reason of the appropriation of their land necessary for a right of way, and the construction of a railroad thereover. The commissioners being appointed, they made the following report, of which so much is given as is necessary to explain the opinion of the Court:

Your Commissioners of the Sacramento Talley Railroad, organized on the ninth day of April, 1855, for the purpose of adjusting and assessing the damages of the right of way of land, through which the Sacramento Talley Railroad will pass, have, after receiving petitions of the several claimants upon the line of the said road; after hearing the testimony of both the claimants and the railroad company upon such petitions; and after viewing each and every petitioner’s land, crops, improvements, etc., found, ascertained, assessed, and awarded damages to the different claimants, as follows, to wit:

W. S. Moffatt.—Land, four acres and twenty-seven one hundreths, at thirty dollars per acre, one hundred and twenty seven dollars and ten cents. Fencing, three thousand nine hundred feet, at eighteen cents per foot, seven hundred and two dollars. General damages, seventy-five dollars.

The foregoing land is claimed by E. F. Gillespie and W. S. Mesick.

The board of commissioners order that the value of land assessed be paid into the District Court, and there disbursed to the parties legally entitled to the same.'

The railroad company, having paid the full sum determined by the commissioners, into Court, it was ordered, that the part thereof representing the value of the land, be retailed in Court, and that the remainder be paid to the defendants in possesion. The claimants of the land in possession, after notice to the railroad company, and the adverse claimants to the land, moved the Court below, that the value of the land be paid to them. This motion being denied, an appeal was taken from the order refusing the same.