“ No duty rests on this government to recognize the validity of a grant to any area of greater extent than was recognized by the government of Mexico. If that government had a right, as we have seen in Ainsa v. United States it had, to compel payment for an overplus or resell such overplus to a third party, then this government is under no moral or legal obligations to consider such overplus as granted, but may justly and equitably treat the grant as limited to the area purchased and paid for. ”

“ The terms of the act establishing the court of private land claims, with reference to a proceeding thus instituted, in our opinion leaves no room for doubt that it was the intention of Congress to require that before a decision by the court in the premises all those asserting claims in the land adverse to the United States, under the grant relied upon, should be made parties and be heard in support of its validity. ”

“ By the law in force at the time of the sale under consideration a grant initiated in the manner in which the one in question is claimed to have been could not exceed, in the aggregate, 4 sitios. The evidence clearly showed that the quantity of land denounced, appraised, paid for, and purported to have been granted was only 4 sitios. Under these circumstances, the court below properly sustained the grant to the extent of 4 sitios only. As said by the court of private land claims: 'The cause is founded on the proceeding initiated in 1821 and concluded in 1825. ”