Enright

BY THE COURT. The documentary evidence of title exhibited by the claimant in this case is as follows: A petition to the governor dated December 20, 1844; a marginal decree or order for information by the governor, and a favorable report by the secretary, Manuel Jimeno. On receiving this report, the governor makes the following decree: “January 6, 1845. Granted as asked for and reported by the Most Reverend Father Minister. Micheltorena.” The claimant has also produced a record of judicial possession, which seems to have been formally given him by the constitutional judge of first instance of the pueblo of San José Guadalupe on the 18th of February, 1846.

It is objected that these documents are insufficient to vest any title, either legal or equitable, in the claimant. It must be admitted that the concession in this case is not the final documento or title which, by the eighth article of the regulations, the governor was authorized to issue when the definitive concession was made.

In Arguello v. U. S., 18 How. [59 U. S.] 543, the supreme court, after alluding to the “informes” usually required, says: “By the fourth section, the governor being thus informed may ‘accede or not’ to…