Tombstone epitaph., 1888-04-28
IMPORTANT DECISION.

T. LILLE MERCER.
 By THE CoURT.-This is an action in
 ejectment in which the evidence does not show that the plaintiffs had ever been in actual possession of the land sued for. The plaintiffs seek to recover on their cold, naked title. They offer in evidence as their legal title what is called Mexican grant, which has been submitted to the Surveyor-General under an act of Congress of 1854, and by him reported as being valid to certain ex- tent, and now pending before Congress and upon which no final action has been taken.
 The question is whether a grant in that condition IS good legal title, stand ing alone, upon which to maintain eject ment.
 It is insisted that this IS what is called perfect grant" and therefore needs no confirmation, and no action of any department of government, under the treaty.
 The term perfect grant grew up in considering the different grants in Cal ifornia, under legislation there, ard while it may be, for some purposes, useful term, tits not very useful in determining the effect of individual grants that may come before. the courts. lssf
 The .Gadsden treaty under which this grant mast rest, differs from the treaty of Guadalupe Hidalgo in that there is ad- ded very material provision. Article VI is limitation upon Article V which was substantially the provision of the Guadalupe ,Hiaalgo treaty and provides that no grant will be censidered valid or be recognized in the United States, or will any grants made previously be re spected or be considered as obligatory, which have not been located and duly recorded in the archives of Mexico Now then, no grant whether perfect or not, will be recognized under that treaty unless located and duly recorded in the archives of Mexico. The terms of that treaty have not been construed by a court of last resort. No case has been referred to. -
 What is meant by the terms "located and duly recorded in the archives of Mexico?" I am inclined to think that the term "located', means something akin to occupation;it it must be segrega- ted, marked on the ground, severed from other land, and that must have been the fact at the time of the treaty.
 Now then, how is the fact to be de- tern,ined? That is fact conditioned before these grants can be recognized either by the government or by the court They must be located and duly recorded in the archives of Mexico.
 Congress by the Act of 1854 provi- ded the system or means of determining that, means by which these grants were to be filed with the Surveyor General, and his report thereon go before Con- gress and be submitted for final action by Congress. There is great deal of discussion as to what the power of the Surveyor General and the powers of Congress are, and while that is not very material to this case, this much is cer- , tain-that the whole procedure was the means of determining this question un- ,ler the treaty, and it is not final deter r,ination until Congress shall speak, and until that time it is not determined that the claim is located and duly re- J corded in the archives of Mexico; and | rntil that is determined in some way it is not good legal title to maintain action of ejectment on, where there is no 1 custer. Y1I-| .df +, ,....
 Therefore, am inclined to think this; and the authorities which have been pre- sented and the case of Chave vs. Whit ney in New Mexico, in which the Supreme court hold the same thing, that where there has been no 0uster,an uncon. 6rmed grant is not a good legal title to maintain ejectment or bill to quiet title.
 Other cases where, by analogy, that principle is laid down; conditioned title title conditioned upon any fact to be found or deternined-is not good where there is no legal title, and where there has been no custer it must be good legal title in fee simple or title which gives immediate right.of possession. .
 therefore hold in this case that the plaintiffs cannot maintain this action of ejectment on account of their own title.
 do not pass on MT. Mercer's title, but plaintiffs have not made out case on which they may recover. e5---. .I APUEBLo PRoPHESY. | From the Albuquerque Democrat.