Pacheco
United States v. Pacheco
Opinion
Lead Opinion
Hoffman, J.
In this case appeals have been taken both by the United States and by the claimants. The board confirmed the title to the land to the extent of two leagues; and the claimants assert that they are entitled to a confirmation of the tract granted by metes and bounds, and irrespective of quantity. With regard to the validity of the grant no question seems to be raised. In the brief filed on the part of the United States it is observed, that “on the general question of the validity of the whole grant, it is not designed to repeat objections and arguments which this court has so often decided to be untenable.” The validity of the title being thus admitted, under the principles laid down in the former adjudications of this court, the only question is as to the extent to which it should be confirmed. The petition was presented to Governor Figueroa on the fifteenth of May. 1834, and the usual order of reference for information was made. After receiving the report of the ayuntamiento of San José Guadalupe, a further reference was made to the alcalde of Monterey, directing him to examine witnesses, to be produced by the petitioner, as to her qualifications, as to whether the land was vacant,…