Hignera

OPINION OF

In 1821, José 'Hignera obtained from Governor Sola an order that he be put in possession of a tract of land which he had applied for under the name of “Los Tularcitos.-’ Possession was •accordingly given to him by Luis Peralta, whose report and description of the tract measured are found in the expediente. In 1839. Hignera petitioned Governor Alvarado for ratification of the grant made by Sola, together with an augmentation, as represented on the diseño annexed to his petition. This application was granted by the govern- or, but the formal title does not appear to have been issued. The decree of the board confirming the claim was founded on the order of Alvarado. In their opinion they state: “On examination we are satisfied that the decree of Alvarado must be construed to be a recognition of the right of the grantee previously existing in the premises claimed under Sola’s grant as well as a grant of the augmentation solicited. Both are embraced in one description and delineated on the same map, which was presented with the petition to Alvarado, and now constitutes a part of the expediente, without giving any description to distinguish the portion of the premises…