Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-04
SUPREME COURT.
Dates Fixed for Holding the District
Courts-Lincoln in the Sd
District,
onIulon In the Parish. Ortiz Mine Grant
Case-Victory for the
Company.

Tor by the legislature. Alter recltlng the
new act as passed by the 2Sth assembly,
the order reads:
1t is therefore ordered that terms Of the
district court of the said territory for the
LIST judicial district thereof be held in the
county of Santa Fe, one commencing on
the first Monday of February of each year
and to continue until the second Monday
of March of such year, and on ecommenc-
ing in said county Of Santa Fe on the
last Monday of July Of each year and con-
tinuing until the first Monday in Septem-
Der Of such year; that terms Of said court
for the I'd judicial district be held in the
county of Rfrnalillo, one commencing on
the second Monday of May each
year and to continue for seven
weeks, and one commencing the second
Monday of November of each year and
continuing seven weeks; that terms Of
court for the Sd judicial district be held
in the county of Dona Ana, one COM
mencing on the second Monday Of March
each year and continuing until the third
Monday of April each year, and one COM
mencing the second Monday in September
each year and continuing until the third
Monday of October of such year; that
terms Of the court for the 4th judicial dis
trict be held in the county of San Miguel,
one commencing on the third Monday OF
April on each year and continuing seven
weeks, and one commencing on the third
Monday of October Of each year and con-
tinuing seven weeks.
As to said several terms herein provided
for, the Judge presiding may adjourn the
same at any time in his discretion when
he believes the public interest requires
such adjournment.
All orders heretofore made by the su-
preme court or the judges thereof, in con-
flict with any of the provisions of this
order, are hereby set aside and vacated,
and all orders heretofore made by the
supreme court or the judges thereof fixing
the times and places Of holding the dis
tlict courts, in conflict with the act of the
legislative assembly herein recited and set
out, are hereby set aside and vacated.
DISTRICT COURTS.
In other counties, where United States
courts are not held, the time for the open.
ing the terms as provided by the legisla
ture were approved by the supreme court
as follows:
San Juan county--Second Monday il
March and the first Monday in Septem
Der.
Rio Arriba-Third Monday in March
and second Monday in September.
Taos county--Second Monday after the
third Monday in March and the fourth
Monday in September.
Valencia county-First Mondays II
April and October.
Lincoln county-Third Mondays II
April and October.
Sierra county-First Mondays in May
and November.
Grant county-Third Mondays in Feb
ruary and August.
Colfax county-Second Mondays II
March and September.
Mora county--First Mondays in Apri
and October.
All bonds, warrants, writs, ETC., return
able at any other time are made return
able to the time above provided.
In accordance with the legislative as
sembly's resolution Of request the cour
also made an order attaching Lincoll
county to the Sd judicial district.
THE PARISH CASE.
Appended is the full text Of the court
opinion in the Parish case, decided in ia
vor Of the New Mexico Mining compan.
and involving interests in the Ortiz min
grant:
In the Supreme Court Edward T. Parish ct al
Plaintiff In Error, vs.. The New Mexico mimi
Company ct al, Defendants In Error. Error t
Santa Fe County.
Plaintiffs in error filed in the court he
low a bill, the object and purpose of whicl
was to establish in them through purchas
and by descent an equitable title to hal
interest in mine called Santa Rosali
and four square leagues Of land measurin
two leagues from Santa Rosalia mine t
all the cardinal points of the compass, tw
leagues to the north, two leagues to tn
south, two leagues to the east and tW
leagues to the west from the orifice of tn
mine.
The bill alleges that grant was mad
by the Mexican government in the yea
1883 to Jose Francisco Ortiz and Ignaci
Cano of a mine called Santa Rosalia, wit
right Of possession for wood, water an
grazing privileges upon four square league
OF land described as above. Possessio
by Ortiz and Cano as tenants in co,nmo
is alleged until the death of Cano abor
the year 1886, and possession by Ortiz fc
himself and the heirs Of Cano until tn
death OF Ortiz in the year 1849. That tn
grant was presented to the surveyor ger
eral for approval, and by him approve
and recommended for confirmation on TIL
oath OF November, 1850. That in tt,
month of March, 1861, the grant was col
firmed by congress as recommended b
the surveyor general, but that the col
firmatlon should only be construed as
quit claim or REIMBURSEMENT on the pa
Of the United States, and should not atfe
: the adverse rights of any other persol
: The grant was surveyed and approved
the year 1875, and patented to the Ne
Mexico Mining company in 1876. tt
0 bill alleges fraud on the part Of the Ne
Mexico Mining company in procuring I'll
: patent to be issued to it. 1t sets out
conveyance from the New Mexico Minir
|, company to defendants, Elkins, Chalie
Donnell and Anderson, and charges MOTIF
to them when they purchased. 1t
further charged that defendants are
possession and are taking large profits o.
Of the mine. The bill prays that defen
ants be declared trustees US to half ii
terest, for an account Of rents and prof
and for general relief.
Defendants filed joint and sever
answer in which they admit the origin
|grant OF the mine, but neither admittt
nor denied the grant Of the four leagu
of land. They deny that Ortiz and Car
acquired title to any mines within Il
four leagues except the Santa Rosali
NIL IL.