United States v. Cervantes

THIS was an appeal from the district court of the United States for the northern district of California.

The nature of the claim is stated in the opinion of the court.

The decree of the district court was as follows:--

This cause came on to be heard at the above-stated court, on the transcript and evidence and the arguments of counsel for the United States, and for the claimant Cruz Cervantes being. It is hereby ordered, adjudged, and decreed, that the decision and decree of the board of commissioners, for the ascertainment and settlement of private land claims in claim of the appellant, Cruz Cervantes, be and the same is hereby confirmed, to the extent of two square leagues or sitios de ganado mayor, and for no more; being the same land described in the grant and expediente referred to therein, and of which judicial possession was given to him, as appears by the evidence; provided that the said quantity to him granted and now to him confirmed, be contained within the boundaries called for in said grant, and map to which the grant refers, and, if there be less than two square leagues, or sitios de ganado mayor, within the said bounds, then there is confirmed to him the said less quantity.

M. H. M'ALLISTER, Circuit Judge.

OGDEN HOFFMAN, JR., District Judge.

From this decree, the United States appealed to this court.

It was argued by Mr. Cushing, (attorney-general,) for the United States, and by Mr. Jones, for the appellee.

Mr. Justice GRIER delivered the opinion of the court.