Pico
United States v. Pico
Opinion
Lead Opinion
Hoffman, J.
The grant in this case describes the land as known by the name of “Arroyo Seco,” situated towards the cordilleras of the Sierra Nevada, and having for limits on the north the river Consumnes, on the south the Moquelumne, on the west the road of the Sacramento, and on the east the adjoining sierras (“las sierras ¡inmedi-atas”). The third condition recites that the land of which mention is made is of eleven square leagues within the limits of the dis-eño which accompanies the expediente. The claim having been finally confirmed [Case No. 11,127], a tract of eleven square leagues has been surveyed. This survey, which is an amended survey made under the immediate supervision of the late United States surveyor general, is objected to on the ground that it is not within the limits described in the grant and shown on the diseño.
The only question presented in the cause is as to the true location of the eastern boundary described in the grant as “las sierras im-mediatas” and represented on the diseño by a line of mountains inscribed “Sierra.” The whole tract embraced within the exterior limits of the very rude map found in the expedi-ente is, according to the scale of the diseño, as it is…