Black v. Sprague

Department No. 1, Ross, J.:

This is an action of ejectment for a tract of land situated in Alameda County. It was tried in the Court below with a jury. The plaintiff claimed under a patent of the Mexican grant of the “ Rancho El Valle de San José,” and the defendant under a United States pre-emption patent. The question to be determined by the jury was whether or not the lands patented to defendant were,'in whole or in part, within the patent under’ which the plaintiff claimed, and that question turned upon the location of Station 25 of the Spanish grant patent. This patent contained the…