D'Hondt

This is action of ójectment, brought to recover the possession of lot No. 2, in the square between R and S, Front and Second streets, in the city of Sacramento. A jury having been waived, the case was submitted'to the court.

I have decided that the deposition of Vioget, taken in the suit of Brannan vs. Wiley, offered by the plaintiff is inadmissible, both because of the irrelevancy of the matter deposed to, and because it was evidence taken in re inter, alios acta.

The case then rests upon the original petition of and grant to, John A. Sutter, the mesne conveyances from Sutter to the plaintiff, and the depositions of Sutter and Fowler, together with admissions made by counsel in open court, upon the day of trial.

I find, as matter of fact, that Exhibit 3J, is a correct translation of the petition presented by Sutter to Juan B. Alvarado, Governor of Cálifórnia, on the 15th day of June, 1851. Exhibit No. 4, is a correct copy Of the original grant to Sutter, made in compliance with said petition *, that the map marked Exhibit 4¡, is a correct copy of the map accompanying the original petition, and referred to in the petition and "grant; that the plaintiff exhibits a perfect…