Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-27
The SUPREME COURT.


The business OF the former term Of the
supreme court having been closed up on
Saturday, the new term opened this
morning with a full bench present. The
list of cases as set for trial by the clerk
was called over and few unimportant
changes made, after which the court took
recess till 2 p. m. tomorrow in order
that the bar association might have the
use of the court room tomorrow fore
noon.
On Saturday afternoon motions for
rehearing in the Ortiz mine grant and the
case of Pryor vs. the Portsmouth Cattle
company were filed.
The decision of the court in the case OF
C. H. Gildersleevs ct al vs.. the New Mex
leo Mining company is one of the most
important, not only to the parties direct
ly interested, but to the whole people OF
the territory. 1t involved the title to the
Ortiz mine grant located in Santa Fe
county, upon which are situated the old
and new pacers, the town Of Dolores, as
well as the famous "Ortiz" mine, the
main shaft of which is the center of the
grant which was made by the govern
ment of Mexico in the year 1888 to Jose
Francisco Ortiz and Ignacio Cano, jointly
as the discoveries of the mine. The
property is very rich, and has been in
litigation since 1865, when Judge Clever,
then delegate to congress, appeared tor
the contestants, and Stephen B. Elkins
for the representatives of the grantors.
This suit was decided for the defendants,
after which no further attempts were
made against the title until 1880, when
suits were commenced, the final result of
which was only reached in this territory
by the decision just handed down by
the court. Whether it will be taken
to a higher court is question.
A motion for re-hearing has been made
and is now pending.
1t was claimed by plaintiffs, that lg
nacio Cano, one Of the original grantees Of
the mine, died in 1S41 seized of one-hali
of the property, which was acquired by
purchase from his heirs. The defendant
claimed that in 1910 Caro- conveyed hit
interest to Ortiz; that Ortiz and bis wife
having no children, on the 18th day o.
August, lS4l, made a mutual will by
which each wlled to the other all his OF
her property that Ortiz died in lS4S. His
widow entered into possession of the
grant and in 1853 conveyed all her inter
est in the property for the benefit of the
defendant company, which has remained
in its possession ever since. The cour
holds this will to have been valid, and tina
the statute of limitations (ten years. hat
run against the plaintiff claimants, thu
affirming the judgment the court below
Messrs. Warren, Fiske, Preston, Smith ant
Burns appeared for the plaintiffs in error
and solicitor General Bartlett and Mr.. W
T. Thornton for the defendant company
In the case of the city of Albuquerque
vs.. Chas. Zeiger, wherein the city sueC
for assessments for street Improvements
Mr.. Zeigsr wins. This decision sustains
Judge Brinker in his holding that there
was no authority under the old municipa
incorporation act for towns and cities tt
charge adjoining property with the cost O.
street improvements. Under an act o
the recent Legislature this authority has
however, been specifically granted, and il
is under that law that street improve
ments may now be ordered and enforced