Rodriguez

This case comes up on objections to the survey filed by the claimant By the decfee of this court there was confirmed to the claimant the land called “Butano,” bordering on the rancho of the heirs of Simeon Castro, the serraina and the sea—of the extent of one square league.

The principal point in controversy is as to the location of the boundary of the rancho of the heirs of Simeon Castro. To ascertain that boundary resort must be had to the expedi-ente. In Castro’s petition the .land is described as the tract called “ ‘Punta del Año Nuevo,’ from the boundaries of Hilario Buelna to those of Juan Gonzales, which will be four leagues, a little more or less, and from the sierra to the seashore, which will be one league, as shown on the accompanying sketch.” On the diseño attached to the original petition of Romana Sanchez for the land confirmed to the claimant, the Butano creek is. represented as the northern boundary of the land solicited, and as the southern boundary of the Gonzales tract—and the same creek is delineated on the Gonzales diseño, and mentioned in his grant, as forming his southern boundary. If, then, the description in the Castro grant be construed as referring to…