Folsom

The official survey in this case having been brought into court under the provisions of the act of 1860, the cause was argued, and a decision rendered setting aside the survey, and ordering a new one to be made, as directed in the opinion. An application for a rehearing was thereupon made in behalf of the claimants and interveners, and the cause has been reargued and submitted. The survey for which the claimants contend is that made by John C. Hays, former surveyor general, in 1857. There can be no doubt that, if this survey be disturbed, the case would be one of singular hardship. It appears that, when the cause was pending before this court on appeal from the board of land commissioners, it was strenuously objected, on the part of the United States and of some other parties who have since intervened in this proceeding, that the decree of the board was erroneous, inasmuch as it required the survey to be made substantially as in the Hays survey, and so as to include Negro Bar and the town of Folsom. On this and other questions elaborate arguments were heard, and on the 23d of February, 1857, an opinion was delivered in this court [Case No. 15,127] declaring the claim to be valid,…