Supreme court of the United States. No. 135. The United States, appellants, vs. John A. Sutter. Appeal from the District court U.S. for the Northern district of California.

288 The United States vs. Sutter.
2nd. That the survey includes lands subject to overflow by the currents
and swellings of the rivers, and which are not called for by said grant,
but are expressly reserved and excepted from its operation, and that
the survey embraces such lands to the exclusion of a large portion of
lands called for by said grant, and which are not subject to overflow.
3rd. That the survey includes lands outside of the limits of said
grant, and excludes lands well known to be within the limits thereof,
and always claimed and occupied by the grantee, and fully'20 recognized by the Mexican government as belonging to him.
4th. That said survey excludes firm and dry land plainly
within the limits of said grant, and as such claimed and occupied by
the grantee, and as early as November, A. D. 1849, sold by him to
this intervenor and another; the same being all that portion of said
grant situated on the southern bank of the American river, and
bounded on the east by the "Leidesdorf Grant," so called, and extending westerly along said river about five miles to the southerly
corner of Norristown.
5th. That said survey includes swamp and overflowed lands, which
are expressly excepted from the operation of said grant.
6th. That the land included in said survey is not taken in that
compact form whichthe grant allows and the law demands.
Wherefore said Gelston prays that said survey be set aside, and a
second survey be ordered by this hon. court, which shall, in fact, include the lands granted to said Sutter by virtue of the " New Helvetia
grant," and exclude all lands which have been wrongfully embraced
by said survey, and that such other and further relief be
21 granted as the court may deem equitable.
EL1IHU JOHNSON,
Att'y for said Intervenor.
Endorsed: Filed March 19, 1860.
W. H. CHEVERS, Clerk.
Exceptions to survey by intervenor, E. F. Gillespie.
District court of the United States for the northern district of California.
JOHN A. SUTTER )
vs. No. 319 dist. court. No. 92 land common.
THE UNITED STATES.
In the matter of the survey of the land confirmed in this cause.
Eugene F. Gillespie, intervening herein by leave of the court heretofore granted, excepts to the survey made and returned to this court
by the surveyor general of the United States for the State of California, and presents the following objections thereto:
1st. That the line run as the southern line-that is to say, the line
running from the Sacramento river to the American river, as the
same is run by the said surveyor general, and delineated on
22 the map returned by him-is not run in conformity to the grant,
nor to the map or diseno therein referred to, nor to the testimony of Vioget, nor in conformity to the decree of the Supreme Court
of the United States.