Bryan

The land in controversy in this action is part of a Mexican grant patented to the Peraltas in 1877. In 1859, one Jurgo, being.owner by conveyance from the Peraltas of a part of the grant, sold and conveyed two adjoining parcels to the brothers John and Peter Mathews respectively.

There was a map of the Peralta grant, known as ICellersberger’s map of the ranchos of Vicente and Domingo Peralta, upon which the different subdivisions were designated by numbers, subdivision 56 being north of and adjoining subdivision 53. The conveyance from Jurgo to John Mathews included 53 and the south 27.41 acres of 56. The part of 56 adjoining on the north was included in the conveyance to Peter Mathews.

After the conveyances from Jurgo, the brothers Mathews were in possession for a time of the parcels conveyed to them respectively, and John Mathews paid the taxes on the south 27.41 acres of 56.

In 1861 Harmon and Opdyke purchased 53 from John Mathews, and at the same time offered to purchase the south 27.41 acres of 56. But John Mathews refused to sell them this part of 56, for the reason assigned by him, *128 that he had promised it to his brother, Peter, saying at the same time that he would…