United States v. De Haro

OPINION OP THE COURT. It appears, from De Haro’s petition to the hoard, that, previously to the year 1843, he had been put in possession by the prefect, José Ramon Estrada, of certain houses in the mission of Dolores, known as those of the major domos. He therefore asked the governor to legitimate his right of property in them, and to add 50 varas square to the eastward of them. In conformity with this petition, the governor, on the 16th August, 1843, ratified and confirmed the concession of the prefect, “together with—‘juntamente con’—fifty varas to the eastward of the said houses, as solicited.” In the petition of the claimants to the board, and in the opinion delivered by the latter, the land is described as a single lot of the extent of 50 varas square. It is also stated in the petition that the concession by Estrada was for the same lot, and this concession was ratified by the governor. But this is evidently an erroneous construction of the petition and grant, for those papers show, very unequivocally, that De Haro merely obtained from the prefect the houses, and that. he asked the governor to ratify that concession, and for an augmento, or addition, of 50 varas square to the…