Hager

Action for the recovery of the possession of block 90, in the Town of Colusa. Both parties claim title under a patent issued *580 to Larkin and Missroom, as the confirmees of the Jimeno Grant. The Court below found the title to the undivided five-sixths of the premises in controversy was in the plaintiff, and one-sixth in the defendant. The defendant appeals from the judgment and the order denying a new trial.

The first conveyance by either of the confirmees was made on the 23rd day of September, 1851, and purports to have been made by Larkin, for himself, and by Missroom, by Larkin as his attorney in fact, to Seawall and Hastings; and the deed purports to convey an “ undivided two-thirds part of the following described tract or parcel of land, to wit: Two Spanish leagues, (or dos sitios de ganado mayor) or land on the west bank of the Sacramento Liver, part of the land formerly known as the Coins Trust, including the Town of Colusa, being a part of the eleven Spanish leagues granted by Don Manuel Micheltorena ” to Jimeno, and sold by him to said Larkin and Missroom. The two leagues are further described by reference to a grant to Bidwell, a sale by him to Semple, and a Sheriff’s…