Rose

The claim in this case is founded on what is known as the “general title” of Micheltorena. It has already, after full consideration, been determined in this court that that grant was sufficient to convey a valid title to inose in whose favor it issued. The only points now open to controversy in this case are therefore: (1) Whether the alleged grantee was one of those persons for whose benefit the grant was made. (2) Has the right (if any) acquired by him been forfeited by such unreasonable neglect to perform the conditions of occupation and cultivation as to authorize the presumption that he had abandoned his land.

First, was he one of the grantees under the original title. The grant of Micheltorena bears date December 22, 1844. It recites: “That the supreme government not being able, on account of other occupations, to extend one by one the respective titles to all the citizens who have petitioned for lands with favorable reports from Señor Don A. Sutter, by these letters grants unto them and their families the lands described in their petitions and diseños to all and each one who has obtained the favorable report of Señor Sutter, without any one being able to question their…