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.

908 The United States vs. Sutter.
and letters of administration upon his estate were duly issued by the
probate court of Shasta county to the defendant, Isaac Roop, who
received such letters, qualified as administrator, and duly assumed
the administration of said estate.
Fourth. That the said promissory note was due and payable on the
twelfth day of January, one thousand eight hundred and fifty-two,
but that no part of the same was then paid, nor has any part thereof
ever been paid since; and the entire principal sum thereof, together
with the interest thereon, from its maturity, namely, January 12th,
1852, at the rate of ten per cent. a year, are due thereon and payable
to the plaintiff; that the payment of the same was often demanded of
the said Josiah Roop in his lifetime, and since his death has
1458 often been demanded of the defendant Isaac Roop, administrator of the estate of the said Josiah Roop, which principal
sum and interest amount, this day, November 19th, A. D. 1856, to
the sum of two thousand three hundred and seventy-five dollars and
ninety-six cents, and that the said indenture of mortgage has never
been released, discharged, or satisfied, but is still a subsisting lien
upon the real property described therein.
Fifth. That the defendants, William Moulton and John C. Haswell,
have or claim to have some interest in or lien upon the said mortgaged premises; but if they have any, it is subsequent to the lien of
said mortgage of the plaintiff.
And from the said facts the conclusions of law is, that the plaintiff
is entitled to judgment pursuant to the prayer of his said complaint.
It is therefore ordered, adjudged, and decreed that the undivided
fourth of that certain tract or parcel of land situated in said Yuba
county, and which is bounded and described as follows, to vwit:
1459 beginning at a point on the east bank of Feather river, which
point is marked by one twelve-inch oak tree bearing north
eighty-three degrees west, distant ten feet, and one twenty-fourinch sycamore tree bearing north seventy degrees east, distant fortynine feet, one mile below Plumas; thence down to the mouth of Bear
creek; thence up Bear creek to a point which shall be on a direct magnetic meridian east of the point of beginning; thence wqst (magnetic)
to said point of beginning on Feather river, containing eighteen
hundred and twenty-two and three-fourths acres, more or less, and all
the right, title, and interest, which the said Josiah Roop possessed
at the date of the said indenture of mortgage, namely, January 9th,
1851, or which he possessed at anytime afterwards, be sold by the
sheriff of Yuba county, at public auction, to the highest bidder for
cash, in like manner and upon notice as sales of real property, under
execution, are required by law to be made by the said sheriff, and
that the proceeds arising from such sale be applied by the said
sheriff, after deducting therefrom his fees, to the payment of
1460 the principal and interest due and owing on said promissory
note and mortgage, viz: the sum of two thousand three hundred and seventy-five dollars and ninety-six cents, with interest thereon, at the rate of ten per cent. per annum, from the date hereof until