Galindo

OPINION OF

The title of the claimant in this case is founded on an alleged deed to him from Padre Real, priest of the mission of Santa Clara. The authority for making this deed is claimed to have been conferred on Padre Real by a communication addressed to him by Jimeno on the 21st of December, 1844; by a communication dated June 16, 1846, from José Castro to Padre Real; and by an order of José Castro dated •Tune 9, 1846. on the margin of a petition addressed to General José Castro, and dated May 12, 1845. The deed of Real to Galindo is dated June 10. 1846. In his letter of June 16, José Castro, after alluding to a copy previously transmitted to Real of a supreme order dated January 14, 1846. in which the commandants general were authorized to dispose of all the resources of their departments, transcribes a dispatch dated June 10, received by himself from the governor of California.

It is evident that neither the dispatch of Castro, dated June 16, nor the communication to him from the governor dated June 10. and which he transcribes for the information of Real, could have constituted the authority for making a deed on the 10th of June, the very day on which the governor’s…