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.

438 The United States vs. Sutter.
159 Exceptions of H. Grimes to approved survey.
District court of the United States for the northern district of California.
THE UNITED STATES )
vs. Case No. 319.
JOHN A. SUTTER. )
And now comes Hiram Grimes, claimant in case No. 417 in this
court, and intervenor in said case No. 319, and excepts to the official
survey of the land finally confirmed herein, made by the surveyor
general of the United States for the State of California, under the
order of this court, entered December 2d, 1859, which order directed
the said surveyor general to make a survey in accordance with the
mandate and opinion of the Supreme Court of the United States, and
to return to the clerk's office of said court, when completed, a certified copy plat of the same; in pursuance of which said order, a certified copy plat of the official survey made thereunder was filed by the
said surveyor general in the said clerk's office on the 27th day of
February, A. D. 1860.
1st. And the said Hiram Grimes, claimant and intervenor as aforesaid, avers that this court, in said case No. 417, on the 6th day of
March, A. D. 1857, rendered and entered a decree confirming
160 to him, as such claimant, a certain tract of land called "Rancho
del Paso," (as being part of "Nueva Helvetia," granted to
John A. Sutter by Governor Juan B. Alvarado by grant bearing date
the 18th day of June, 1841,) said "Rancho delPaso" being bounded
and described as follows, to wit: "On the west by the Sacramento
river, from the mouth of the American river to the mouth of the
Feather river; on the south by the American river for the distance of
thirteen miles in an easterly direction from its mouth in the said Sacramento river; on the north by a straight line commencing at the mouth
of the Feather river and running due east sixteen miles to John Augustus Sutter's northeasterly boundary line; and on the east by a straight
line connecting the easternmost points of the said northerly and southerly boundary lines;" saving and excepting therefrom the "Norris
Rancho," so called, as described in said decree of confirmation.
2nd. And the said Hiram Grimes, claimant and intervenor as aforesaid, further avers that the whole of the said tract of land confirmed
to him as aforesaid is within the limits and boundaries of "Nueva
Helvetia," as granted to the said Sutter by the said grant of
161 1841, yet that the said survey of the said surveyor general
wholly fails to include the same, or any part thereof, although
there is of such confirmed tract more than eleven leagues in a compact form not subject to overflow.
3rd. And the said Hiram Grimes, claimant and intervenor as aforesaid, further avers that the said survey is erroneous, because the
mandate of the Supreme Court in said case No. 319 affirmed the decree of the district court so far as it confirmed to the said Sutter
eleven square leagues of land, and which said decree did not confirm