Fossat
United States v. Fossat
Opinion
Lead Opinion
Hoffman, J.
When this case was first submitted to this court on appeal from the board of land commissioners, it was considered that the four boundaries of the tract were indicated with reasonable certainty by the grant and accompanying diseño. It did not escape the observation of the court that only three of those boundaries were designated in the grant, viz., the southern, the western and the eastern; but it was thought that the description of the tract in the decree of concession as the “Cañada de los Capitaneillos,” and the delineation on the diseño of the two ranges of hills within which it was contained, sufficiently indicated the location of the northern boundary, the mention of which was omitted in the grant The court was confirmed in this view by the representation of the petition, on the diseño, that the tract delineated upon it was of the extent of one league, a little more or less, indicating, as it seemed, that he solicited not a specified quantity, but a particular tract, the estimated area of which he declared to the governor. When, therefore, the governor granted to him the tract solicited, and described it as “of the extent of one league, a little more or less, as explained by…