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OF THE

UNITED STATES.

INOCENCIO ROMERO, ET als.

APPELLANTS.

vs.

THE UNITED STATES,

RESPONDENTS..

BRIEF FOR APPELLANTS.

SAN FRANCISCO :

WHITTON, WATERS & CO., BOOK AND JOB PRINTERS,

Corner of Clay and Sansome Streets.

1862.

BRIEF FOR APPELLANTS.

On behalf of the appellants, we submit that the decree of the District Court, rejecting this claim, ought to be reversed and the claim confirmed, for the following reasons:

1st. The claimants have such an equity as entitles them to a confirmation, without reference to the concession or grant, the existence and loss of which is clearly established by the proof. If no such concession or grant ever issued, the papers forming the "Expediente," the authenticity of which has not been questioned, establish such an equity in the claimants, as to bind the conscience of the United States Government, and to demand that the claim be confirmed. What are the facts? On the 18 of January, 1843, the three brothers Romero, presented their petition to the Governor, in which they recite that in the last preceding year, they had forwarded to him a petition soliciting a tract of land, which is unoccupied, in the vicinity of the ranchos of Moraga, Lorenzo Pacheco and Julian Will, being the surplus over what belongs to these ranchos. And as this petition was mislaid or had not been acted upon, they now renew the application.

On the same day, the Governor referred the matter, for informa

tion, to his Secretary of State, Jimeno, by a marginal order endorsed on the petition.

Jimeno, the Secretary, immediately referred it to Antonio Maria Pico, the alcalde of San Jose, within whose district, the land was situated, and directed him to report upon the application, after having first summoned Moraga, Pacheco and Will, the "colindantes," and thus giving them an opportunity to allege whatever they might see proper, against the application.

On the 1st February, 1844, Pico, the alcalde, reported, that the Romeros and the owners of the adjoining ranchos having been confronted, the latter said the grant to the Romeros would not prejudice them in any way. On the contrary, they desired them for neighbors, both for company and for an additional security to their families in that region. He also reported that it had come to his knowledge that one Francisco Soto had claimed the tract in question, some six or seven years before that time; but that Soto had not in the mean time cultivated or used the land, so as to acquire any right to it. Whereupon the alcalde recommended that it be granted to the Romeros.

On the 4th Feburuary, 1841, Jimeno, the Secretary of State, reported to the Governor, that according to the report of Alcalde Pico, as to the good character of the petitioners, and after a summons to the adjoining proprietors, it would appear there was no obstacle to the making of the grant.

On the same day, the Governor made the following decree: "Let the judge of the proper district take measurement of the unoccupied land that is claimed, in presence of the neighbors, so that it may be granted to the petitioners."

On the 21st March, 1844, the Romeros presented another petition to the Governor, in which they say that they appeared before the judge of the Pueblo of San Jose, and requested that he proceed with the measurement, in accordance with the last named decree; but he was unable to execute the order, because of the absence and other

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