Appeal from the Third Judicial District.

Ejectment for a tract of land in Santa Clara County. The premises are part of a tract known as the “ Robles,” or “Rincon de San Francisquinta” tract, granted by the Mexican Government to José Pena prior to 1847, which grant has been subsequently confirmed by the Government of the United States. In December, 1847, Pena conveyed the premises, by deed, to J. T. and S. Robles, and from them, through mesne conveyances, plaintiff derives his title. On the eighteenth day of September, 1860, the subscribing witness proved the execution of the deed from Pena to the Robles before a Notary Public, who certified to the same m proper form, and.it was then, for the first time, recorded.

Witnesses testified that there were fifteen or twenty dwelling houses on the tract; that it had been constantly occupied by those claim-mg under the Robles since 1853, and was worth, m August, 1859, from $80,000 to $100,000.

In August, 1859, the widow and heiress of Pena conveyed, by deed to L. Farrar, the entire premises mcluded in the grant for the consideration of five hundred dollars, which deed was didy acknowledged and filed for record on the thirtieth day of August, 1859. In April, 1860, Farrar leased the premises m dispute to defendant, Troy.

The pleadmgs of the parties set up these respective titles. On the trial, the plamtiff offered in evidence the deed from Pena to the Robles, without proof of its execution farther than was afforded by the certificate of the Notary. The defendant' objected that the execution was not sufficiently proved. The objection was overruled, the deed admitted, and the defendant excepted.

The Court msfcructed the jury, among other matters, that the plaintiff’s title was superior, and he was entitled to recover, unless Farrar was a purchaser in good faith, and for a valuable consideration, and then gave the mstruction set forth m the opinion, to which defendant excepted.

The jury found a verdict for the plaintiff; defendant moved for a new trial, which was refused, and from this order and the judgment he appeals.