Galbraith

The claim in this case was confirmed by the board, and by this court; but, on appeal, the decree of this court was reversed, and the cause remanded for further proofs. Further proofs have accordingly been taken, and the case is again presented for decision. The documents relied on by the claimants, are:

Title Papers.

(1) A petition of Juan N. Padilla to the governor, dated at Monterey, May 14, 1846, soliciting five square leagues of land, known as Bolsa de Tómales. (2) A certificate of Castro, prefect of the First district, stating the land to be vacant and grantable; also dated at Monterey, May 10, 1846. (3) A marginal reference for information, signed by Pio Pico, and dated May 20, 1846. (4) A decree of concession dated Los Angeles, June 12, 1846. (5) The borrador, or office copy, of the formal title delivered to the party, which is usually found among the papers remaining on file among the archives.

All the foregoing documents are found in the archives, and compose what is called the ’‘expediente.”

The claimants have also produced from their own custody, the original title delivered to the grantee, and a certificate of approval by the departmental assembly.

Frauds in Title…