Sunol

United States v. Sunol

Good Law
27 F. Cas. 1365
United States District Court, Northern District of CaliforniaJuly 1, 1863California1,663 words

Opinion

Lead Opinion

Hoffman, J.

The contest between the claimants in this case and the owners of the Santa Rita Rancho having been settled by mutual agreement, the only remaining inquiry is whether the official survey is within the exterior limits of the Rancho El Valle de San José. It is objected, on the part of the United States, that a rectangular piece of land, on the northeast, is improperly included, as is also a considerable tract on the southwest.

The first objection is evidently untenable. On any construction of the grant and diseño, the Valle of San José, granted to the claimants, extended as far north as the base of the hills called “Lomeria,” on the diseño. The northern line, it would seem, from the indications of the diseños, both of the El Valle and of the Santa Rita Ranchos, as well as from the terms of the respective grants, to have been intended to be drawn from the Parage, or Oañada de la Tassajera, eastwardly, to the edge of the lomitas of the Positas, which form the western boundary of the “Las Positas Rancho.” But a small portion of this tract is included in the official survey; the line between the Santa Rita and the El Valle Ran-chos having been settled, as before stated, by agreement.…

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