Hartnell

The land claimed by the appellees before the land commission was a tract of five leagues in Santa Barbara county, called “Todos Santos y San Antonio.” and a tract of eleven leagues on the river Cosumnes, in Sacramento county. The commissioners confirmed to the claimant the five league tract and six leagues of the Cosumnes tract, making eleven leagues in all. From this decision the United States appeal. It is insisted on the part of the ap-pellees. that the claim to the whole of the Cosumnes tract should be confirmed, and That the limitation of if to six leagues is erroneous. The transcript as filed in this court embraces both claims. The Todos Santos tract is situated in the Southern district; over that part of the case the court has therefore no jurisdiction. It appears from the proofs that the grant for the Todos Santos tract was duly issued; that it was occupied and cultivated by the grantee, and that judicial possession of it was formally given. It was not, however, approved by the assembly, for reasons which will presently lie stated. Tlie grant of the Todos Santos tract is dated Aug. 28th, 1841. On the third of November, 1841, [W. E. P.] Hartnell obtained another grant from…