MR. JUSTICE BROWN, after making the foregoing statement, delivered the opinion of the court.
The petition of Leyba, upon which the grant was originally made, and which is the material document in this case, and is in the Spanish language, is thus translated in the record:
"City of Santa Fe, May 24, 1728, before the governor and captain general of this kingdom, there was presented this petition with its contents:
"Joseph de Leyba, resident of the city...
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