Los Angeles daily herald. [volume] (Los Angeles [Calif.]) 1873-1876, 1874-05-07
Local Land Decision.
L. g. LAND OFFICE, Los ANGELES, CAL,
May |, 1874.

L. g. LAND OFFICE, Los ANGELES, CAL,
May |, 1874.
Hon. Wills Drumn,ond, CON- General
Land Office, Washington, ID. c.:
concluded from yesterdav.l
We must, therefore, inquire into the
matter as to how he was Invested OF
his interest therein, whether his in
terest was excluded therefrom. If,
through the knowledge and consent of
Valencia, GARLIC measured of or des-
ignated tract of land as Valencia's,
beyond the limits of juridical possess
sion of said grant,in derogation OF the
terms of his deed from Carrillo, and
assented thereto, it was a voluntary
aot, and has nc bearing whatever upon
or connection with the final survey of
said grant, and he cannot, therefore,
claim that said tract was thereby ex-
cluded.
On the contrary, it is abundantly
proven that Valencia's league, under
his purchase, was included in the final
survey, in which, under his title, he
was alike interested with Carrillo, and
by which he was fully protected in his
interest.
If Valencia surrendered his leauge
within the lines of juridical possession
of the grant, which was afterwards in
cluded in the final survey, for tract
beyond the limits thereof, he does not,
neither do his legal representatives,
thereby become of the class of persons
entitled to the relief contemplated by
the 18th section of the Act Of July %,
1866.
1t appears that the first survey of
said ranch by authority Of the United
States was not satisfactory to Valen-
cia because it did not include his house,
for which reason second and final
survey was made embracing the land on
which his house and Improvements
were situated, to which final survey
no objection was ever made by Valen-
cia or hia successors in interest. He as
scented thereto, and was doubtless sat-
isfied Herewith, and there is little
doubt from the above circumstance
that he, at the time of said final sur
vey, regarded his premises as wholly
within the limits of the ranch as then
designated. Iii quite clear, we think,
that Valencia's purchase is fully COW
cred by the confirmed limits of the
Najoqui Ranch, and hence he is emit
tied to no equities under said Act.
The evidence in'regard to actual and
continuous possession, cultivation and
improvement of the tract in contro-
versy by the applicants and their pre-
decessor shows cenclusively that they
made but little use of the tract, and
that it was used and occupied
in common for grazing by vari-
GUS parties, without objections on the
nj IF he,
serted or recognized authority of Va
lencia or the applicants herein, except
ing, however, such specific portions
thereof as were occupied by pre-emp-
ton settlers, against whose occupation,
cultivation and improvement appli-
cauts made no objection. 1t does not
appear that applicants ever cultivated
or improved any portion of said tract,
or that they even lived thereon. We
do not, therefore, believe they cult
waited and improved or exercised such
ownership and dominion over said
tract as to entitle them to the relief
contemplated by said Act of 1866.
Moreover, it is shown by documentary
evidence that on the 9Th day of March,
1871, Valencia conveyed all the inter-
est he ever had in said Rancho Najo-
qui to Ramon de la Cuesta, in whom
the title vested under said conveyance
until the Dist of May, 1872, when Gu
esta re-conveyed said premises to Va
lencia. Petitioners claim through the
purchase of Valencia, ignoring the sale
of Valencia to Cuesta. 1t appears,
therefore, that from the said 9Th day of
March, 1871, up to the 2lst day of May,
1872, Valencia was out of possession of
the premises, and it is not alleged in
claimants petition, nor is it shown by
the evidence, that this interval in the
possession of Valencia was filled by
the possession of Cuesta.
We are clearly of the opinion that
petitioners in this case are not of
the class of persons for whom relief is
intended by said Act Of July %, 1866,
and that their application should be
denied. Very Respectfully,
ALFRED JAMES, Register.
J. w. HAvERsTIcK, Receiver.