Stephen Johnson Field

“ Conceding that the hills or mountains mentioned in the decree of confirmation as the northern boundary are really upon the east, and form the eastern boundary, and that where a grant is described as bounded by hills and mountains the line runs along the base, and not the summit, of the hills, it does not appear that the land in controversy was not within the boundaries of the grant, as originally made and confirmed. ”

“ It follows that the defendant should have received, as his pre-emptive right, the whole of the 160 acres claimed by him, the whole amount being within the limits of the grant finally confirmed to the grantee from whom he purchased, and the judgment in his favor should be, therefore, affirmed. ”