United States v. Richardson

Objections to the surveys of these three ranchos have been filed on the part of the owners of E Pinole *799 and of Las Juntas. It is contended that the Rancho Canada del Hambre has been so located as to embrace a considerable area which is clearly within the exterior limits of the Pinole and Las Juntas Ranchos without regard to the rights of election of the claimant of those two ranchos.

In behalf of the claimants of the Cañada del Hambre Rancho, it is contended—

(1) That the Del Hambre Rancho, as surveyed, does not include any lands comprised within the exterior limits of the other two ranchos, and,

(2) That the Mexican government, by granting the Cañada del Hambre to the extent of 3 leagues, ascertained and declared that there was a sobrante or overplus between the two ranchos Pinole and Las Juntas, and those two ranchos cannot now be located so as to exclude the tract between them, which has thus been granted to another. To this it is replied that the claim for the Cañada del Hambre is fraudulent, and it is contended that the claimants have a right to show that fact, notwithstanding that the validity of the grant has been affirmed by the United States tribunals; the…