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APPEAL FROM THE DISTRICT COURT UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA.

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Opinion delivered by the Hon. M. H. McAllister, circuit judge......
Decree........

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Transcript of the proceedings in case No. 199-Charles Mayer et al., claimants, vs. The United States, defendant-for the place named "Rancho de German," Mendocino Co.

OFFICE OF THE BOARD OF COMMISSIONERS To ascertain and settle the private land claims in the State of Cal' a.

Be it remembered, that on this twenty-seventh day of April, anno Domini one thousand eight hundred and fifty-two, before the commissioners to ascertain and settle the private land claims in the State of California, sitting as a board in the city of San Francisco, in the State aforesaid, in the United States of America, the following proceedings were had, to wit:

The petition of Charles Mayer et al., for the place named "Rancho de German," was presented and ordered to be filed and docketed with No. 199, and is as follows, to wit:

(Vide pages 3 and 4 of this Transcript.)

Upon which petition the following subsequent proceedings were had in their chronological order, to wit:

WEDNESDAY, April 28th, 1852.

In case No. 199, Charles Meyer et al., the deposition of Ernest Rufus, a witness in behalf of the claimant, taken before Commissioner Harry J. Thornton, was filed, and is in the words and figures as follows, to wit:

(Vide pages of this Transcript, 5, 6, 7, 8, 9 and 10.)

THURSDAY, May 6th, 1852.

Case No. 199, Charles Meyer et al., on motion of the counsel for the claimants, set for hearing on Tuesday, the 18th instant.

TUESDAY, June 1st, 1852. Case No. 199, Charles Meyer et al., was set in its order for hearing.

WEDNESDAY, December 22d, 1852.

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Case No. 199, Charles Meyer, for the place named "German,' called. Argument by the counsel for the claimant opened; answered by the U. S. associate law agent, and closed by the claimCase submitted with the evidence, and taken under advisement by the board.

ant.

[REC. CCLVII, D. T. 1857.]—1

THURSDAY, December 23d, 1852.

In case No. 199, Charles Meyer, for the place named "German, Commissioner Harry J. Thornton delivered the opinion and the decree of final confirmation of this board.

Ordered, That the opinion and decree of final confirmation of this board, delivered this day in this case, be recorded on the journal. Which opinion and decree are in the words and figures as follows, to wit:

(Vide pages of this Transcript 25 and 26.)

Petition.

To the U. S. Land Commission for the ascertaining and settling of private land claims in California:

The petition of Charles Meyer, William Bennety, Carlos T. Glein, Hand, and Duncan, respectfully showeth, that heretofore, to wit, on the 21st of July, 1845, a certain Ernest Rufus made and presented his petition, in writing, to José de la Rosa, first alcalde of Sonoma, soliciting of him the permission to occupy a certain tract of land, known as "Rancho de German," an accurate. description of which will be given hereafter. That said alcalde, on the 21st of July, 1845, gave such permission accordingly.

That said Rufus, on the 7th of April, 1846, presented a petition in writing to Pio Pico, governor of California, praying for the grant of said land so occupied by him, and that said governor thereupon, to wit, on the 8th of April, 1846, declared said Rufus the legal owner of said land, and directed the proper documents constituting title to be executed and delivered to said Rufus.

That a formal grant issued accordingly to the same on the 8th day of April, 1846; and that the departmental assembly at Monterey, in their session on the 10th of June, 1846, fully approved and confirmed the same.

That said Rufus, by various conveyances, transferred the whole of said land to your petitioners, and that the same are at present the owners of the same and in possession thereof.

And your petitioners further say, that the petitions of said Rufus, the report of the alcalde, a duly certified copy of the grant and of the original map, together with the action of the departmental assembly on the subject, are on file in the archives of California now in possession of the surveyor general of the U. S. of America for the State of California, and that duly certified copies and translations of the same are herewith submitted to your honor's inspection and prayed to be made a part of this petition; that the original grant and the conveyances from Rufus to your petitioners are in the hands of your petitioners, and ready to be offered in evidence whenever required. And your petitioners further say,

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