Payson
United States v. Payson
Opinion
Lead Opinion
The claim for the Rancho Cañada de Guadalupe, La Visitación y Rodeo Viejo, granted by Governor Alvarado to Jacob P. Leese, July 31, 1841, was finally confirmed to Henry R. Payson, with the exception of a certain tract which had been sold by Ridley, the assignee of Leese, to parties from whom Pierce derived title. For this excepted tract William Pierce duly presented his claim and obtained a final decree of confirmation. In the decree in the Payson case the land excepted from its operation is described in the language of the deed under which Pierce claimed, and, in the Pierce suit the land confirmed to him is described in the same terms. As the deed describes the tract by courses and distances, and as its execution and validity are not disputed, it would seem that there should be no difficulty in running off and establishing the lines. But, on attempting to apply the calls of the deed to the ground, most embarrassing questions have arisen. It is found that of the three last courses mentioned in the deed one is partly, and two others are wholly, in the waters of the Bay of San Francisco. These courses, as given in the deed, are as follows: “Thence east, 37 chains 37 links; thence…