Owen J. Roberts

“ This fact could not alter boundaries definitely fixed by the Commission's decree, which is to be interpreted according to the common law in force in California at the time it was entered. Under the common law, the boundary would be the line of ordinary high water. But the boundary of the Mexican grant is of some significance in determining what the Mexican Governor intended to, and did in fact, grant to Castro, especially as both grant and confirmation referred to the tract as what is named or called Mare Island. ”

“ The Circuit Court of Appeals reversed the decree by a vote of 2 to 1. [4] The dissenting judge said: 'The District Court found, in effect, that the 'place' which at the time of the grant to Castro and at the time of the confirmation to Bissell and Aspinwall was called Isla de la Yegua or Mare Island did not include any of the land here in controversy. The finding is amply supported by evidence.'
The majority of the court did not overrule the findings of the District judge above outlined. ”

“ Even if the high land was connected by a narrow neck with the tule marsh to the northwestward, that high land might still be called an island either because the narrow neck of low marsh land to its westward was sometimes flooded or because the name 'island' was colloquially applied to a piece of land which a geographer would mere accurately call a peninsula. ”