Sherebeck

The claim in this case is for 800 varas of land on Rincon Point, in this city, alleged to have been granted to the claimant by Manuel Castro, prefect of the Second district of California. It was rejected by the board for want of evidence that the land was part of the common lands of the pueblo of Yerba Buena. The same tribunal, in the subsequent case of City of San Francisco v. U. S., confirmed the claim of the city to certain lands within boundaries mentioned in their decree. In this decision the United States have acquiesced by dismissing the appeal that had been taken to this court. [Unreported.]

It is not disputed that the land claimed in this case is within the demarkation of the pueblo of Yerba Buena, as ascertained by the decision in question. But as that case was between other parties, the point cannot be considered as res adjudicata in this; nor can the evidence on which that decision was based be regarded, for it has not been, by stipulation or otherwise, introduced in this cause.

The case now before the court must be determined on the evidence contained in the record above. No additional testimony has been taken in this court by either party. No argument has been made…