Alvisu
United States v. Alvisu
Opinion
Lead Opinion
Hoffman, J.
On the 28th September, José Maria Alvisu obtained from the governor a grant of a tract of land called “Milpitas,” described in the first part of his title papers as of the extent of one league from north to south, and one-half a league from east to west, and in the fourth condition as one league in. latitude and one-half a league in longitude, as shown by the map, &c. . On the 2d October, 1835, another title paper was issued to him, by which there was granted an additional half league in width, by a league in length, lying on the west of the half league first granted, making in all one square league of land. No boundaries whatever were mentioned in the title papers. We are therefore necessarily referred to the diseno to ascertain the location of the land. The diseno shows a tract of land bounded on the east by a range of hills, near the base of which, towards the north, is the house of Higuera, and towards the south, the houses of Alvisu, who had, at the time he applied for a grant, been residing on the land for a considerable period, by permission of the authorities of the pueblo. The western boundary is an estero and brook-not named on the diseno, but ascertained and • admitted…