Yount

Yount v. United States

Good Law
30 F. Cas. 882·1861 U.S. Dist. LEXIS 7
United States District Court, Northern District of CaliforniaAugust 14, 1861California2,471 words

Opinion

Lead Opinion

Hoffman, J.

The claim in this case having been finally confirmed, and a *883 survey made, objections have been filed on the part of persons intervening for their interests under the act of 1860.

The objections urged are: (1) That the official survey should be made in the form of a parallelogram, delineated in dotted lines on the diseño, and marked “Terreno Solici-tado.” (2) That the official survey embraces lands not only -without the limits of the parallelogram referred to, but not included within the exterior boundaries of the diseño. (3) That the lines of the judicial survey, made under the authority of the former government, have not been followed, and that the same embrace more land than the quantity granted.

The first objection is, in effect, an attempt to procure a review and reversal of the decree of the court, which has become fiijal by the dismissal of the appeal, and on which the survey has been made. On the argument of the cause it was strenuously contended that the delineation of the parallelogram on the diseño absolutely determined the location of the tract granted, and showed that it was to extend across the valley diagonally a distance of two leagues, and up and down the…

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