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.

544 The United States Vs. Sutter.
Exhibit No. 1, annexed to the dep. of A. W. Von Schmidt,
(Copy.)
Exhibit Von Schmidt, No. 1, case 319,
NEW HELVETIA, CAL., 1st Feb'y, 1856.
SIR: In reply to your letter of the 12th inst., desiring me to specify
the limits of the particular tracts I should desire to be surveyed as my
lands, should the existing favorable decision thereon by the
418 board of U. S. land commissioners be finally affirmed, I have
to state that the decision of the land commissioners prescribes
the limits of the first grant of eleven leagues with such precision as
to render it unnecessary for me to repeat them as being the boundaries that I shall claim, except so far as the ascertainment of the
area to the south thereof may affect the position of the northern
boundary of that tract, and I therefore designate the line already run,
near the southern foot of the three Buttes, and designated as being
the third standar line, as being the northern limit of the survey, under
any circumstances.
That standar line I also designate as my northern boundary under
the second grant, which is to be north and west of, and adjoining my
said first grant, according to such line as I shall indicate to Mr. Von
Schmidt, but which, in the absence of any survey, it is impossible for
me particularly to describe in this letter.
Very respectfully, sir, your ob'dt serv't,
J. A. SUTTER.
Gen. JOHN C. HAYE,
U. S. Sur. Gen., San Francisco, Cal.
419 (Copy.)
Copy of John J. Vioget-testimony.
STATE OF CALIFORNIA.
County of Sacramento:
I hereby certify that I have this day made an examination and survey of the southern and part of the eastern line of the grant of Capt,
John A. Sutter, originally surveyed by me; that I find a large sycamore tree, near the river bank, on the ranch known as the " Monger
ranch," to to which tree I ran in the said original survey, and caused
the same to be marked as the southwest corner of said grant. That
from this tree I ran, in a northeasterly direction, to the south end of
the lagoon, which is referred to in said grant; thence easterly to a
tree near said lagoon; thence northeastly to a clump of trees, on the
high ground, near the Louisiana race course; and thence, in the same
direction, to a tree on the rancho of Mr. Palmer.
In testimony whereof, I have hereunto set my hand this 4th day
of Sept., 1855.
(Signed) JOHN J. VIOGET.
Attested:
L. W. HASTINGS.