Graham

This ease comes up on exceptions filed to the survey, both by the United States and the claimant. In the grant the land is described as “that formerly occupied by Mr. Moss, known by the name of ‘Zayante,’ bordering on the village of Branciforte and the mission of Santa Cruz.” The third condition states that the land of which mention is made is longitudinally one league, and latitudinally one-half league, a little more or less, as explained by the diseño attached to the expediente. Under this grant a formal judicial measurement was made, and possession was given, the record of which is found attached to the expediente in the case. The diseño is not found in the expediente, but a map is produced which the officer identifies as that according to which he gave the possession. This diseño, in a rude but intelligible manner.1 indicates the tract of country out of which the quantity granted was to be taken; but no boundaries are delineated, nor is the village of Branciforte or the mission of Santa Cruz laid down apon it. The act of possession, therefore, furnishes the only means of ascertaining the true location of the small tract which was granted. The record of that proceeding, after…