Melville Fuller

“ The governor, reciting that 'the possessory right of citizens Tomas and Ygnacio Ortiz has been legally proved,' ordered that the grant be made in accordance with the law. June 24, 1833, Mendoza as treasurer general of Sonora directed that the grant for 2 sitios of land for raising cattle which comprise the place called Aribac, be issued, and that the grantees pay into the treasury the value of the title in conformity with the laws, which was apparently done ”

“ They wanted it for cattle raising in that valley. I used my own judgment as to where to locate it.'
But the court was not called on to speculate on the subject or to accept the theories of the surveyor as to the best place for cattle raising as controlling. The doctrine of the Ely Case, 171 U.S. 220, 43 L. ed. 142, 18 Sup. Ct. Rep. 840, was not that it was within the power of the court to locate grants, but that if a location had been made, and there were facts enough to nail it to the ground, and determine its true boundaries, that might be done. ”

“ The entry of October 10, 1812, stated that the 2 sitios comprised 'the old and depopulated town or settlement called Aribac.' The depositions gave as landmarks 'the one towards the north on the high pointed hill that rises on this side of the Tagito mine and borders on the Sierra de Buena Vista; the one towards the south standing on this side of the Longorena mine on a low hill next to a ca non covered with trees; the one towards the east standing up the valley from the spring on a mesquite tree that has a cross cut in it, and borders on the Sierra de las Cabaleras ”