I further have to remark the fact that it does not appear that the wife of Mr. Pablo Ibarra y Goribar gave here consent for the transfer which her husband entered into with Garcia Rojas. Nevertheless, this circumstance cannot be considered as a defect in the title, as according to paragraph 2134 of the Civil Code of the State of San Luis Potosí, the properties acquired by married couples thru inheritance (legacy) to one of them are the property of the one who acquires them; and as the rights which Don Pablo Ibarra had in "El Chamal" were acquired through inheritance, it is evident that to sell them he did not require the consent of his wife.

As regards the extension or surface of the property, I have to make some remarks.

It is a matter that readily attracts attention that in the constitue deed of the partnership formed by the three of the Ibarra gentlemen, it should be given to "El Chamal" an extension of 33 sitios of ganado mayor and in that of the mortgage deed in favor of Mortgage Bank by Garcia Bojas and in the adjudication to the same Bank, it should be considered as with a surface of forty one sitios. As it is not shown that to the lands which originally formed "El Chamal", any other land should have been added, it is not out of the way to suppose that the difference mentioned might arise from some error in the measures, the latter, however, should be considered as the accurate ones, or rather those showing a surface of forty one sitios, as it is the one which is very closely recognized by the Fomento Depart­ment in the plan which they approved and to which they refer in their declaration of June 6th, 1890, relative to the rural property in question, that it does not contain any natural vacant lands, hollows or lands in excess.

The Fomento Department in making the above statement or declaration, makes mention of the titles of ownership which were presented and states that the boundaries set forth in the possession of 1801 were acknowledged in 1854, when by order of General Santa Ana, and in compliance with the law of May 6th, 1848, the property of "El Chamal, " was ordered to be appraised. I cannot find in the documents which I have before me any referring to this appraisement, but as in the same communication, the Fomento Department also states that the boundaries marked in the different grants or concessions which the same Depart­ment approved, and as said boundaries are also the same as those mentioned in the deed of adjudication granted in favor of the Mortgage Bank, there is no doubt that the above mentioned boundaries are the ones determined in the perimeter (inside) of the farm of "El Chamal".