United States v. De Rodriguez

This case comes upon exceptions to the official survey filed on the part of the United States and on the part of the neighboring rancheros. To understand correctly the question raised, a brief review of the proceedings to obtain the grant, and those which resulted in the confirmation, is necessary.

The original petition of Buelna ashed for the- place called San Francisquito, “to the extent of eight suertes of two hundred varas square each, making sixteen hundred, according to the reglamento of colonization.” The language of the decree of concession, and of the grant, is somewhat involved; but the land is clearly enough described as eight suertes of two hundred varas each, including the land lying between the Chemisal and the San Francisquito creek, and extending from the upper crossing of the road leading to the sierra to the road leading from Santa Clara to San Francisco, known as the “Middle Road.”

The . third condition describes the land granted as of the extent of two-thirds of a league,, a little more or less. On the diseño attached to the expediente, the boundaries mentioned in the grant are clearly exhibited. On the north is the brook; running parallel with it, and at a…