Arizona weekly citizen., 1881-03-06
RANCHO DE 0TER0 AND
 HOUSE LOT.
United States Surveyor-GenerStso oPin- ion and Recommendation in the Case

Case.
 The original title papers filed by claimants m this case show: l. That on January 10, 17s9, Toreyio de otero, ancestor of present claimants, ob- taioed from Nicolas de Ia Errau, con- mandant of the Presidio of Tubac, a house lot of twenty yaras frontage, and four slsrtes of sowing land, each of 400 varas square, and distant about one-eighth of a league from the Presi- dio; also @ that on the 7Ih day of April, 1888, the municipal authorities of Tubac granted Jose Ma. Martinez a tract of twenty-five by seven cords (the cords being twenty-five varas each) adiolDing the land granted to Torevio de Otero in 17S9 and then oc- cupied by AtanaciO Otero.
 All the lands described in the titles just mentioned are now claimed by lhe heiIs of Torevio de OterO; the first by direct descent from the orig iual grantee, aud the second by pur- chase by the heirs of said Otero from the grantee Martinez, by informal conveyance in 1858, which has since been perfected by formal deed eX- ecuted June %, 1880, by the sole sur viylng heir Ot Jose Ma. Martinez, to SabinO Otero, one of the heirs of Torevio de Otero and also one of the present petitioners.
 Although separate petitions are pre- sented by the claimants tor the lands originally granted to OIero and Mar tinez, il Is Tot regarded necessary to make separate reports, inasmuch as the lands adjOin and are now in un- disputed possession of and claimed by the same parties.
 The grant of 17S9 to Trevio de OJero, although It does not refer thereto, was certainly made under the Royal decree for the regulation of PrcsldiOs to be established on the frontier line of New Spain, issued Septem Der 10, 1772, which decree de- clares: That for the protection oi settlements and of commerce in the frontier countries, and that the pop ulation thereof may be increased, 1 order that the COmmandants, Cap tains, officials and all other persons shall not unuer any pretext whatever, prevent the settlement of persons Of good character and habits in the im- mediate surroundings of PresIdiOs; ard when this locality may not be sufficient 10 contain all the families IEat may desire to make settlements, that the district for such settlement shall be enlarged on one of the sides. I also order that the Captains distrIb- ute house lots and lands to such set- tlers, under the condition that they cultivate the same, and that they keep lorses, arms and ammunition, and be ever ready Co use them in defense of the country when required to do so, etc.
 This decree was followed by the order of Maya in 17YI, authorizing Captains of PresidlOs to grant lands 10 settlers within a tract of four square leagues, measured from the plaza of the Presidio as center.
 The title papers presented of the grant to TOreyIo de OterO are IL ani- testly copies of the originals, since they are written on sealed paper of the year 1897, although not certified 10 be copies. The character of the handwriting and the paper on which they are written strongly indicate genuineness. A record of this grant doubtless once existed in the archives of the PresidiO of Tubac, but these archives have long since been de- strOyed as history and the testimony in this case agree In showing; therefore, aside from the title papers presented, there is no existing record of Il.
 In 1888, the Spanish PresidiO of Tubac had lost something of Its mili- tary character, and, under the govern ment of Mexico, had assumed that of a Pueblo governed by municipal off cers, hence the grant to Martinez in 1858, was made by municipal officers. however, it was given under the same conditions and restrictions as were those made by Captains under the de- crees of 1I72 and 1191.
 These grants having been made by the officers of the Presidio aud Pu- eblo of Tubac, no record thereof IS found in the archives of the State of Sonora; and for reasons heretofore stated, no archiye evidence of them now exists, but I have not the slightest hesitancy iu pronouucine the title papers genuine; and aside from the titles given 10 the or iginal grantees by the Spanish and Mexican governments, their descend ants by long and undisputed possession and actual and useful occupancy have acquired such a right as ought to be, and doubtless will be, regarded sufi- cient to vest in the present claimants an absolute uJle to this property, in part inherited from their ancestors and in part acquired by purchase. The testimony in the case shows that the heirs Of the original grantees, have held undisputed possession of the premises for the past fifty years, using the house lot as place of residence and ulling the susrtes Sowing grounds) granted for cultivation and which were situated a short distance therefrom.
 On these premises, several geuer- Ations of the Otero family were born and lived and died, and present peti- tiOners continue 10 reside there, de- irving theIr subsistence from the land granted to their ancestor in 17S9, and from that purchased from Martinez. Their possession has been continuous