Stephen Johnson Field

“ The District Court confirmed her title to lands lying within certain designated boundaries, not exceeding in extent eleven square leagues, if any surplus over that quantity existed. The United States seek to restrict the confirmation to five square leagues, and base their appeal on the language of the petition upon which the grant was made. It appears from the record that two previous grants had been issued for land situated within a track known as the 'Rancho of Old and New San Jacinto,' and that a surplus still remained. ”

“ The court in deciding the case very justly observed, that if the boundaries were conclusively defined in the grant, no surplus could be thrown off by a survey, and therefore construed the grant in connection with the petition, and held that the two leagues mentioned in the petition were to be surveyed within the larger tract; in this way only was the conditional clause as to measurement and surplus made consistent with the previous language of the grant. The case at bar is entirely dissimilar. ”

“ The report of the prefect, to whom the petition was in the first instance presented, to be forwarded to the governor, describes the land 'as that remaining vacant from the Old and New San Jacinto,' and does not mention its extent. The concession of the governor declares to the claimant, 'the property in fee of the land remaining in Old and New San Jacinto,' and does not designate any quantity. ”