Watriss

This action was brought to recover possession of a tract of land in Sonoma County. The land is a portion of 640 acres confirmed to General Joseph Hooker as a part of the *135 Mexican grant known as the Agua Caliente rancho. On the final survey 550 36—100 acres only were found to be included within the grant, and the respondent made application to purchase the balance of the 640 acres called for by the decree, under the seventh section of the act of Congress of July 23, 1866, popularly known as the Conness Act, which provides that: “ Where persons in good faith, and for a valuable consideration, have purchased lands of Mexican grantees or assigns, which grants have subsequently been rejected, or where the lands so purchased have been excluded from the final survey of any Mexican grant, and have used, improved, and continued in the actual possession of the same according to the lines of the original purchase, and where no adverse right or title (except of the United States) exists, such purchaser may purchase the same after having such land surveyed under existing laws, upon first making proof of the facts required in this section.” Respondent’s application was granted, and she…