Stewart

In this action the United States seeks to quiet its title to a large area of tule or marsh land claimed to be a part of Mare Island in San Pablo Bay and to have been acquired by purchase from the grantees of Victor Castro, to whom the island was granted by the Mexican Governor Alvarado in 1841. Appellees, defendants below, claim title to the land by mesne conveyances from a patentee of the state of California.

The suit, a companion case to United States v. O’Donnell, 303 U.S. 501 , 58 S.Ct. 708 , 82 L.Ed. 980 , presents the final chapter in a century-old controversy concerning the extent and validity of the Castro grant. The O’Donnell case set at rest doubts of the validity of the grant and of the decree confirming it. That decision, however, involved a different tract and left open to inquiry a number of questions now presented.

*708 Mare Island lies close to the mainland from which it is separated by navigable waters. For the purpose of illustration we append a drawing of the area.

At the southeasterly extremity, between Mare Island and Carquinez Straits on the east and south and San Pablo Bay on the west, is an area of high land approximately 900 acres in extent upon which…

(concurring).

This is a concurrence in all of Judge HEALY’S opinion, despite the grossly inequitable result arising from the Government’s reliance on its freedom from tire-defense of laches. It is peculiarly a case-for Congressional remedial action, beyond', the equitable powers of this court.

If we were to accept Judge Mathews’’ view that the district court has made a finding, in effect, that the “place” which at the-time of the grant to Castro and at the time-of the confirmation to Bissell and Aspinwall was called Isla de la Yegua or Mare Island' did not include any land here in controversy,. such a finding cannot be sustained in this- *714 court because of the admission of appellees’ brief here that:

The charts referred to in this admission were made in 1850, prior to the great “slick-ens” deposits of the hydraulic mining of the later years of the 1850 decade.

Nor can I accept certain dictionary definitions to the effect that the word “island” does not always mean land completely surrounded by water against the applicable holding of Justice Fields’ opinion in United States v. Pacheco, 2 Wall. 587 , 17 L.Ed. 865 , and other cases cited in Judge HEALY’S opinion.

(dissenting in part).

Appellant, the United States, acquired its title, if any, to the land in controversy from Bissell and Aspinwall, who acquired their title, if any, by mesne conveyances from Victor Castro, who acquired his title, if any, by grant from the Mexican government. Bissell and Aspinwall could and did convey to appellant only the land which was granted to Castro and confirmed to Bissell and Aspinwall. The land so granted and confirmed was in the decree of confirmation (May 8, 1855) described as “The place [which] is situate in the Bay of San Francisco, and is called ‘Isla de la Yegua’ or Mare Island and being an Island is bounded by the water’s edge.”

In the case at bar, the District Court found, in effect, that the “place” which at the time of the grant to Castro and at the time of the confirmation to Bissell and Aspinwall was called Isla de la Yegua or Mare Island did not include any of the land here in controversy. The finding is amply supported by evidence.

The last part of the above quoted description should be read with and construed in the light of the first part; and it should be remembered that the word “island” does not always mean land completely…