The appellee claimed, before the board of commissioners for the settlement of land claims in California, four leagnes of land called 'Wylly,' situate on the Sacramento river and the Arroyo do los Venados. His evidence consists of a petition addressed to Micheltorena, Mexican Governor of the Department of Californias, in December, 1843, at Monterey, representing that he was a native of the United States; that he had resided in Mexico two years; that he had some horses and cattle, and desired to possess a suitable place for them. The Governor referred this petition to the Secretary, Jimeno, to obtain the proper information on the subject. The Secretary referred the petition to Senor Sutter, commissioner (encargado) of the frontier of the Sacramento. Sutter certifies, on this reference, that the land is now unoccupied. His certificate is dated 29th January, 1844. There is no evidence to show that these papers were returned to Micheltorena, or that he ever saw the certificate. They are produced by the claimant.
The remainder of his evidence consists of what is termed, in the opinion of the board, 'Sutter's general title,' which bears date the 22d December, 1844, and is as follows:
'Manuel Micheltorena, Brigadier General of the Mexican Army, Adjutant General of the Plana Mayor, Governor, Commandant General, and Inspector of the Department of the Californias.
'The Supreme Departmental Government being unable, in consequence of its incessant occupations, to draw up, one by one, the respective title papers (titulos) for those citizens who have solicited lands, with informe in their favor of Mr. Augustus Sutter, captain and judge charged with the jurisdiction of New Helvetia and Sacramento:
'In the name of the Mexican nation, I do by these letters confer upon them and their families the property of the lands designated in their respective applications (instancias) and maps, (disenos,) upon all and each one who have solicited (the same) and obtained the favorable informe of the aforesaid Mr. Sutter, up to the day of this date-so that nobody shall have power to question their right of property, a copy hereof, which Mr. Sutter shall hereafter given them, serving them for a formal title, with which they will present themselves to this Government, in order to extend the same title in due form and on stamped paper.
'And that it may remain firm and stable in all time, I give this document, which shall be recognised and respected by all the authorities, civil and military, of the Mexican nation, in this and the other Departments, authenticated with the military and governmental seals in Monterey, this twenty-second day of December, one thousand eight hundred and forty-four
'MICHELTORENA.'
'I certify this is a copy.
'New Helvetia, June 8th, 1846.