171 U.S. 242
MAISH et al.
May 31, 1898
Matt. G. Reynolds, for the United States.
Rochester Ford and George Lines, for appellees.
Mr. Justice BREWER delivered the opinion of the court.
This case resembles that of Ely's Adm'r v. U. S., 171 U.S. 242 , 18 Sup. Ct. 840. The proceedings for the sale were had in 1820 and 1821 and before the same intendant. We deem it unnecessary to add anything to what was stated in that opinion as to the law controlling. It is sufficient to say that, while the claim now made is for 46,696.2 acres, the application for purchase was for four sitios (17,353.84 acres). All the proceedings contemplated a sale of only that amount of land. Thus the appraisers stated that 'from their examination they said that each sitio should be valued at thirty dollars, taking into consideration that none of them had running water or natural standing water, but that water facilities might be obtained by means of a well.' The first of the three final auctions was reported in these words:
At the third auction a bid of $250 was made, and on that bid the property was struck off to Tomas and Ygnacio Ortiz, who subsequently paid into the treasury the full amount of the purchase price, with all charges. Nothing seems to have been done on this purchase until 1849, when title papers were issued by the substitute treasurer general of the state of Sonora.
Without repeating the discussion contained in the foregoing opinion, we think that the grant should be sustained for the four sitios purchased, petitioned, and paid for, and for no more. As the grant was confirmed in toto, e are compelled to order that the decree of the court of private land claims be reversed, and the case remanded to the court for further proceedings.