Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-08-30
THE LAND COURT.
Opinions Handed Down
Confirming Several Grants-A
Busy Session Closed.
The Denver Term Abolished and Santa
Fee Made the Headquarters
of the Court.

In the U. S. court of private land
claims to-day, in the matter of Juan de
Dios Romero ct al, and involving the
Cristobal de la Serna grant Of about $685.
900 acres in Taos county, Mr.. Chief ] Justice
Reed announced the courts opinion
confirming the grant to the claimants.
The grant was given for military service
under the king OF Spain; the conditions
had been complied with and the papers
relating thereto are all on file in the sur
yeyor generals office. There was no
question of law involved in the case. Mr..
Laughlin was attorney for claimants.
In case No. IA, the Monies y Vigil
grant, Taos county calling for 34,997
acres, Gen. Z. L. Bartlett, attorney,
confirmation was also announced.
The court said the only question in
volyed grows out of the fact that the
alcalde who placed petitioners in posses
sion of the land in obedience to the order
of the governor, exceeded his, authority in
that he went outside of certain bounda'
riee. After survey the alcalde found
that to secure all the land desired it
would be necessary to conflict with other
grants, so he gave the grantees triangular
strip covering all the available land
originally petitioned for and then else
where gave them other lands in lieu OF
the shortage uccasioned by the conflict
of other grants. This action of the alcalde
was duly reported back to the governor,
and there was no objection, and the
claimants were placed in juridical posses
sion, hence it must be presumed that the
alcalde's action received full executive
approval.
In case No. 4, the Rio Hondo grant,
Taos county, the court rejected the claim,
opinion by Mr.. Justice Fuller, on the
ground that the papers on file in the sur
yeyor generals office are not archives, but
simply documents filed there by private
parties, and holds that the evidence pre-
n scented as to the existence Of grant is in
n sufficient in that the papers are merely
= 'certjfied copies OF copy" OF the original
grant documents. The court, however,
|. continues the case with leave to the claim
ants attorneys to furnish additional evil
" dence.
p CONCLUDING THE TERM.
q" Mr.. Chief Justice Reed announced that
p" the above cases concluded all the business
9. =" now at issue before the court, and said g
" recess would be this afternoon taken until
q November.
" 1t was announced that Mr.. Justice Full
" Ter would remain in Santa Fe during the
So month OF September to hear testimony in
N any and all cases that may be brought
" forward.
q" The U. S. attorney excepted to the
: courts DEGREES confirming the Socorrc
N town grant and the Cubero grant anC
asked leave to appeal same to the su
preme court of the United States, which
was granted.
In the matter OF the Montana grant
Bernalillo county, in which a stipulation
to modify the decree OF confirmation as tc
the eastern boundary was filed, the U. s.
attorney asked that an amended decree
be granted and the same was ordered.
Il Mr.. Chief Justice Reed then banded the
clerk an order of no little moment.
= 1t directs that the Denver terms OF this
J. court be abolished ; the records of the
court and the cases there pending bt
IS transferred to Santa Fe and that the fur
l. Their services of deputy clerk at Denver
be dispensed with. The order was duly
D. entered.
This action makes Santa Fe the prin
cipal headquarters OF the court of private
land claims, and it was prompted by TIT
=. fact that here is the center of ths court
n business, and here also exist the bes
Spanish and Mexican law libraries in thu
!, west, which, along with the archives AM
y other official records, are most accessible
1n,, nd pf
p This afternoon the court simply met AM
d took formal recess till November 20.
AN IMPORTANT OPINION.
In the case of Tomas Torres ct al Va
70 the U. s., the appended opinion, handel
down yesterday by Mr.. Justice Murray
will be OF great interest to many. With tn
omission of soma parts, deemed irrele
- want as far as the average reader is cor
cerned, the opinion is as follows:
The petitioners in this cause ask for tn
confirmation by this court of what
known as the Rancho del Rio Grand
grant, made by the government of Spal
= to their ancestors in the year 1875. Th
possession Of petitioners and their ance!
tors has been uninterrupted from tn
date of the grant up to the present time
There is no question made by the GOV
eminent as to the genuiness OF the paper
n offered in evidence to sustain the claim {
L as to the good faith of the petitioners; i
y fact it is conceded by the government
~ attorney that petitioners have an equi
able title, which should be confirmed, bl
only to the extent OF eleven squar
- leagues, as provided in subsection
section 10, OF the act of congress, al
proved March 8, 1891. There are en-
braced in the calls OF the grant 1890
i acres, which the petitioners are entitle
to, provided the papers offered in evil
ence vested in the grantees, under tt
laws of Spain at the date of the grant,
perfect legal title. n
In the opinion of the court, the grantee
were vested with perfect legal title
the land in question Oh the 9th day
April, 1895, the day in which lurldlc
possession was delivered to them. IT
grant or act of possession set out II
boundaries of the land so as to segrega
it from the public domain, and the act
. possession vested in the grantees leg
title to the land within the boundarit
mentioned in. the grant.
T 1t is insisted, that it does not appei
/. that the then governor OF the province
- New Mexico approved the petition, an
ordered the alcalde to put the parties
possession. 1t will be seen from an e!