Contra Costa County CA Archives History - Books .....U. S. Vs Joaquin Y. Castro 1882
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Book Title: History Of Contra Costa County, California

  THE UNITED STATES, Appellants, vs. JOAQUIN Y. CASTRO, Administrator of
Francisco Maria Castro, deceased, claiming the Rancho San Pablo.—Claim for about
four leagues of land in Contra Costa county, confirmed by the Board, and
appealed by the United States. This case has been submitted to the Court on
appeal without argument or the statement of any objection to its validity. We
have, however, as in other cases, examined the transcript, which is unusually
voluminous, and have perceived no obstacle to its confirmation. The first
application for the land appears to have been made by Don Francisco Castro in
1823, and to have been addressed to the Deputation. On the same day a decree was
made granting the place solicited, and directing the Military Commander of the
Presidio of San Francisco to put the petitioner in possession. This seems, from
various causes, not to have been done, nor does the title to the land appear to
have issued to Francisco Castro during his life-time, although, as appears from
the expediente, he had gone upon the land, placed cattle upon it, and from time
to time solicited of the Governor the formal title. On his death, his son and
the administrator of his estate, Joaquin Ysidro Castro, petitioned the Governor
on the twenty-sixth of May, 1834, for the land occupied by the family, stating
it to be three leagues in extent, and annexing to his petition-a map of the land
solicited. The Governor, after having caused the documents on file in the case
of the previous application of Francisco Castro to be produced, acceded to the
petition, and on the twelfth of June, 1834;, the formal title issued to the
successors of Francisco Castro. In this title the boundaries of the land are
mentioned, and reference is made to the map which accompanies the expediente.
The extent of the land granted is stated to be three square leagues, more or
less. On the twenty-third of June, 1835, Joaquin Ysidro Castro presented another
petition to the Governor, in which he states that he had, through inadvertence,
neglected to ask for all the land included in the boundaries indicated on the
diseno, and he solicited an augmentation of the previous grant so as to include
the whole tract designated on the map. By the report of Negrete, the Secretary
to whom the Governor referred this petition, it appears that the land comprised
within the boundaries referred to had been ascertained to he of the extent of
four and one twenty-fourth square leagues. On the fourteenth of August, 1835,
the Governor granted to the successors of Francisco Castro the augmentation
solicited, and on the twentieth of August, 1835, the formal title was issued for
the land, as originally bounded, and in the fourth so called condition of the
title the extent of the tract is declared to be "four square leagues and a
little over, including the surplus which by the decree of the fourteenth of
August of the present year was granted to them, and as shown by the map which
accompanies the expediente and already conceded to them." It is this tract of
four square leagues and a little over that is now claimed by the appellees. All
the above recited facts appear from the expedientes on file. The authenticity of
the original documents produced by the interested parties is fully proved, and
their long continued occupation and extensive improvements of the land for more
than thirty years clearly established. It also appears that the grant was
approved by the Departmental Assembly. We are of the opinion therefore that this
claim is valid, and that the decision of the Board should be affirmed. (December
Term, 1855).

Additional Comments:
Extracted from:

HISTORY OF CONTRA COSTA COUNTY,
CALIFORNIA,
INCLUDING ITS GEOGRAPHY, GEOLOGY, TOPOGRAPHY, CLIMATOGRAPHY AND DESCRIPTION;
TOGETHER WITH A RECORD OF THE MEXICAN GRANTS; THE BEAR FLAG WAR; THE MOUNT
DIABLO COAL FIELDS; THE EARLY HISTORY AND SETTLEMENT, COMPILED FROM THE MOST
AUTHENTIC SOURCES; THE NAMES OF ORIGINAL SPANISH AND MEXICAN PIONEERS; FULL
LEGISLATIVE HISTORY OF THE COUNTY; SEPARATE HISTORY OF EACH TOWNSHIP, SHOWING
THE ADVANCE IN POPULATION AND AGRICULTURE;
ALSO,
Incidents of Pioneer Life; and Biographical Sketches
OF EARLY AND PROMINENT SETTLERS AND REPRESENTATIVE MEN;
AMD OF ITS TOWNS, VILLAGES, CHURCHES, SECRET SOCIETIES, ETC.
ILLUSTRATED.
SAN FRANCISCO: W. A. SLOCUM & CO., PUBLISHERS
1882.


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