Treaty of Guadalupe Hidalgo.—Mexicans who, previous to the acquisition of California by the United States, were established in and had acquired from the Governments of either Spain or Mexico a perfect title to lands in California, and who chose to remain in California, were, by the treaty of Guadalupe Hidalgo, protected in the ownership and enjoyment of the land the same as though no change of sovereignty had taken place.

Mexican Grants—As to Confirmation.—Mexicans, whose titles to lands by grant from Mexico or Spain were perfect at the time of the acquisition of California by the United States, were not compelled to submit them for confirmation to the Board of Commissioners appointed under the Act of Congress of March 3d, 1851, nor did they forfeit their lands to the Government by a failure to present their claims for confirmation.

Perfect Titles.—The titles of such persons to their lands, which were perfect at the time of the acquisition of California by the United States, remained as valid under the new Government as they were under the old; and without having been presented to the Board of Commissioners for confirmation, may be asserted and maintained in the Courts of the country.

Inchoate Titles.—Where the titles to lands in California were inchoate and imperfect at the date of the treaty, it was necessary to submit them to the Board of Commissioners for confirmation within the time prescribed by the Act of Congress of March 3d, 1851, otherwise they became forfeited; and from that time such lands were deemed, held, and considered as part of the public domain of the United States.

Perfect Titles might be Submitted or not.—Holders of titles to lands which were perfect at the date of the treaty, could, if they so elected, submit them to be passed upon by the Commissioners, but were not bound to do so.

Effect of Treaty on Titles.—The provisions of the treaty of Guadalupe Hidalgo operated as a confirmation in presentí of all perfect titles to lands in California held under Spanish or Mexican grants made prior to its ratification. P., a Mexican citizen, residing in California, had, at the time of its acquisition by the United States, a perfect title to a tract of land in California, granted to him by Spain in 1820. In 1851 he died intestate, leaving him surviving sons and daughters. The sons, claiming severally distinct portions of such tract by devise of their father, as they alleged, presented to the Board of Commissioners their respective claims to such portions of the land for confirmation, and the same was confirmed and patented to them as severally claimed. The daughters were not parties to the petition presented to the Board, nor to the confirmations, nor to the patents issued. The plaintiff, who had succeeded to the title and interest of one of the sons by grant of a distinct parcel of the portion of the land confirmed and patented to him, brought ejectment against the defendants, who had succeeded by grant to the title and interest of the daughters in and to the same parcel of land. Seld, that upon these facts, which were pleaded by the defendants, and admitted by the plaintiff to be true, the Court erred in giving judgment for the plaintiff.