Arizona republican., 1891-05-10

defendant fails ani refuses to remove said fence within five days from this date, that the shal, at the costs of the defendant, and that plaintiff have execution therefor, together with said plaintiffs costs and disbursements incurred in this action, amounting to the sum
 w. fl. BARNES, Judge"
 He decided that Colin Cameron could not hold the land under fence eighteen miles away from ais ranch house by vir- tue of a land grant title known as the San Rafael de la Lanja.
 He says, substantially, "Settlers, the Court is with you." But what does he do next2 The next thing that appears there is a complaint filed in this court by Colin Cameron, plaintiff, against Alexander Blair and George McCarty. This complaint was filed June 1, 1887, sometime before the decision have read was made. This latter complaint was answered in June of 1887, the decision in the other case not being rendered un- til October. 1887. In the complaint it is alleged that the defendants are keeping portion of this same land which was declared to be public land of the United States by Judge Barnes in his other de- cision, and plaintiff wants to eject the defendants therefrom, and he set up the title to be the Spanish land grant of San Rafael de la Zanja; and there is also a suit of the same kind against Michael Sloan. who is charged with being on this identical piece of ground declared by Judge Barnes to be public land of the United States. It appears that Sloan and Blair had gone in there and put up their little homes and gone to cultivating the land, and Colin Cam eron brings suit in 1887 10 eject them, but he does not have the case tried be- cause the United States cases are then pending against him and he does not think this a good place to try it and so lets 1t stand for while.
 On February l3, 1888, the sheriff of Pima county sells under execution sale one of the various titles to the grant (there seems to be little doubt as to who really has the best titlej and that title was bought in, at sherlFs sale, Febru- ary l3, 1888, by John H. Martin, the son-in-law of Judge Barnes and the deed is made from Shaw, sheriff, to Martin.
 Here is certified copy of it (produc- ing document). It is made by Charles Shibell, county recorer, and is correct copy.
 Now, come to new act. In the fall of 1888, Mir. Cameron thinks it about time to take up the cases begun in June of 1887 and try them and Oust the poor settlers from their homes. A change of heart has come over the judge.
 There is title now in his son-in- law. If the settlers are busted and this title is declared good. the title that "Johnny" holds becomes more valuable then to MT. Cameron, and Mir. Cameron will give more for it. don't know whether the judge told MT. Cameron it was q good time to try the case or not, but ko know that in October of 1888, this suit lying dorment since June of 1887, and hadn't been tried because of the decision of October 1887, declaring it to be public lands, is now brought forward, and what does Judge Barnes decide ? The issue of this case was just the same as the other. Mir. Cameron sets up that he owns the fee-simple of this land by virtue of this Spanish title-not prior possesion-but the fee-simple under the land grant title. l want to hear DOT tion of the answer of MT. Sloan:
 Defendant denies that on the 18th day of March, 1886, or at any other time, or that he ever entered into pos session of such premises and busted or evicted plaintiff therefrom" "As further and separate defense defend ant alleges: That on the first day of January, 1886, and prior thereto, the lands and premises described in plain tifts complaint were unsurveyed, unoc- cupied lands of the United States and a portion of the public domain opened to settlement and occupation, and that on that day defendant made a bona fide settlement upon and took up and com menced the improvement of l60 acres of such unoccupind, unsurveyed public land of the United States under the land laws of the United States; that no township plat including said lands has yet been filed in the Land Office at Tue son, A. T., and therefore the defendant has not, or could he perfect the title thereto; that the same being 30 unsur- veyed, the best description of said lands defendant is able to give is as follows: Here follows description.) that plain tiff is now aad has been for a long time fraudulently and mischievously trying
 
 Spanish land grant over defendants sad premises, and is now and for long time has been claiming and as- serting title to defendants said prem- lses and claiming that the same were in- cluded within the same void Spanish land grant, which is known as the "San Rafael de la Zanja" grant, when in truth and in fact the defendants said premises are at least eight miles north of the most northerly boundary line of said grant, and no part of his said prem- lses are within or covered by grant, That the said grant is void, spurious and fraudulent, both upon the rights of de- iendant and upon the Government. of the United States. That defendant has been in the open, notorious and adverse possession of his said premises since January l, 1886, claiming to own the | same and against the whole world, ex- cept as against the Government of the | United States, and that plaintiff is now asserting title thereto is casting a refiec- tion and cloud upon defendants title. | As further defense, and asking and | seeking affirmative relief and judgment against plaintiff, the defendant alleges: that Tn the month of September, 1886, defendant had growing upon his said premises an agricultural crop of the value of $75O." You see, he was a poor man. And at that time nearly ready to harvest; and that plaintiff then and there, without any notice or warn- ing, with force and arms wifully broke down the fence of defendants, which enclosed the same crop, and drove into and upon defendants said crop about one thousand head of cattle and horses and that by force of arms. threats nf