Umbarger

— The demanded premises are included within the concession alleged to have been made by the Mexican authorities to Chaboya; and also within the five hundred acre lot, subsequently granted to him by Dimmick, alcalde of San Jose. It is admitted on all sides that the last-named grant was void, as it clearly was: Redding v. White, 27 Cal. 284 . The plaintiffs, who deraign title under Chaboya, rely solely on the concession and on the final decree of the courts of the United States, confirming Chaboya’s title as to so much of the land included in the concession as is embraced within the five hundred acre grant by the alcalde.

But the decree of confirmation is assailed on the ground that the United States district court had no jurisdiction to render it. This proposition is founded on the assumption that the court did not undertake to confirm the title under the concession, but only under the Dimmick grant; and it is claimed that it had no jurisdiction to confirm the last-named grant, because: 1st. The special act of Congress did not authorize that grant to be presented for confirmation, and Chaboya did not in fact present it in his petition; 2d. The act of March 3, 1851, required all…