Castro

United States v. Castro

Good Law
25 F. Cas. 323·1862 U.S. Dist. LEXIS 10
United States District Court, Northern District of CaliforniaDecember 10, 1862California3,388 words

Opinion

Lead Opinion

In the foregoing description the directions referred to are approximately those indicated by actual survey, the compass marks on the diseño being, as usual, incorrect. Along the “linea del aug-mento” toward its southern end, near the hills, are written the words “Arastradero y Limites.” The part of it beyond the point where it crosses the Yeguas is inscribed “Linea del Augmento.” It is claimed that the line thus indicated is the line of the arastradero road, which, it is alleged, still exists, and can readily be traced. That that road, or a line nearly coincident with it, was intended to be adopted as far as the Yeguas creek, appears to me plain from the grant and diseño. The point of beginning, viz. "la punta del arastradero,” is called for in the grant, and the direction of the line toward the Yeguas does not materially vary from that of the existing • road, which Hr. Mat-thewson, the surveyor, declares to have the appearance of being an old road of the country, and the location of which could not. from the nature of the ground, have been materially altered. But the point where the dividing line crosses the main San Jose road, and its direction thence to the bay, are the real…

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