Chipman

— The action is ejectment, and the demanded premises are included within that portion of the “Rancho de San Antonio” which has been finally confirmed to Antonio Maria Peralta, one of the sons of Luis Peralta, deceased, to whom the rancho was originally granted. The plaintiff claims under the confirmee, Antonio Maria, and the defendant under the daughters of the original grantee, Luis Peralta. The case of Minturn v. Brower, 24 Cal. 644 , was also an action of ejectment for a portion of the tract confirmed to Antonio Maria Peralta, and in that ease, as in this, the plaintiff claimed under the confirmee and the defendants under the daughters of the grantee. In each case the answers allege as matters of equitable defense that Luis Peralta died intestate, seised in fee of the land, and that his title descended to his four sons and to his four daughters and to the issue of a deceased daughter in equal portions; that the four sons, in fraud of the daughters, procured the title to the whole rancho to be confirmed to them in severalty, to the exclusion of the daughters; that in support of their alleged right to a confirmation they put in evidence before the land commission and the district…