Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-01-07
The SUPREME COURT,


handed gown IN Tue supreme NOuII Sco'
terday vas one OF special moment to the
mining fraternity. This is an action in
ejectment brought by Nathaniel Bell
against William Skillicorn and others Of
Pinos Altos for the possession of mine
called the South Extension OF the Pacific
Lode and for %25 600 damages. The cause
was tried by jury in the district court,
August, 1890, and a verdict rendered in
favor OF SkilliCorn. On this trial the plain
tiff, Bell, produced his patent from the L.
s., identified the ground in question and
introduced testimony showing that Skill
icOrn had crossed his side line, extending
down from the surface vertically, and
claimed that the defendant had, by work
ing another lode whose apex lies outside OF
the Bell property, entered upon and eX-
tracted large amount OF ore from the
Bell mine. SkillicOrn claimed the right
to follow the dip of his vein downward.
1t is also contended that the plaintiffs
claim az described in the patent in its
call for connection with the public lands,
would, if so surveyed, throw the Bell
location in anoth place and Skilicorn
would not, II located in accordance
Herewith, be guilty OF having entered
upon same.
In the district court it Was held that
the burden OF prof was on the plant
| If, Bell. The supreme CONT now decides
at the lower court erred in this and
should have sustained plaintiffs
motion for new trial. The case Is
therefore reversed and remanded with
direction that new trial he granted.
The opinion is by Justipe Lee, Justices
O'Brien, Freeman and Seeds eonrurrlng.
rhr attorneys in the case are Mtssrs. II.
L. Pickett, Catron, Knaebel and Clancy
Tor Bel. &; Messrs. Bail, NeWcomb, Fielder
Brothers and Helm for Ski Iicorn.
Among the other causes in which opin-
ions were handed down are the follow
! ing:
In the case of Edward Medler VS.. the
! Albuquerque Hotel x Opera House COM
pany, suit against Franz Huning and F.
| W. Smith to compel them to pay the
amounts subscribed by them to the stock
OF said company, and which suit had been
decided in the district court in favor of
the company and dismissed, the decree
OF the lower court was affirmed opinion
by Justice Seeds.
W. L. Pierce's suit against San Miguel
county to collect, under the provisions Of
chapter 50, laws of 1854, Las Vegas city
warrants for $500, issued prior to disin
corporation, was reversed opinion by
| Chief Justice O'Brien all the members of
the court ConCurring.
In the case of Wilson Waddngham ct
al against francisco Robledo, ct al, s"!. 10
prohibit the latter from appr0T..aiing lands
on the Antonio ORR grant to their pri ate
uses ard constructing a private ditch
and reservoir thereon. the lower courts
opinion is reversed and the cause re-
manded. The opinion is by Justice Lee
anu its concluding paragraph says it is
'remanded for the master to take proof
and report to the court hat portions of
the lands within the boundaries of the
Antonio ORTIZ grant were in the actual
possession of defendants and their asso-
ciates, cultivated and occupied by them,
PRIOR 10 the 7th day of February, 1885,
and what proportion of the waters of the
Galinas river had been appropriated by
defendants and their associates for irri-
gazing said lands for their domestic pur-
poses; that defendants and associates,
upon such report being filed, should be
enjoiued from taking any more lands or
water until such time as they had in a
proper proceeding attacked and overcome
the compliments title, and that they be
eujOined and restrained from constructing
new dams and new. bitches for the pur-
pose of irrigating the lands so possessed
by them prior to February 7, 1883, but
that they be not restrained from main
tanning old dams and old bitches for that
purpose"
In the case of Pedro |. Jaramillo VS..
Henry Grant, involving the lands on
which is situated most OF the town of Ell
RitO, Rio Arriba county, an opinion was
handed down by Justice Lee affirming
the decision Of Judge Whlteman, of the
district court, in favor of Jaramillo
Grant claimed the land under a grant
from the king OF Spain, the papers of
which had been lost but he held through
the title OF parties occupying the land
since 1925, and is, it was claimed, en-
titled him to perfect title under the
treaty of Guadalupe Hidalgo. Jaramilo
held I. S. homestead patent for the
land. The court decides the patent
holds the land.
Eva DAILY VS.. Herman Bernstein. This
suit grew out Of an Albuq uerque real es-
tate transaction, Bernstein, it is alleged,
having sold plaintiff property the title of
which was imperfect. Verdict for plain
tiff in the lower court was affirmed by the
supreme court, opinion by Justice Seeds.
In the long drawn ont contest between
August klrchner and S. /. Laughlin, in
yolvlng the raising Of sheep on shares,
decision of the district court, resulting in
verdict IN favor of Kirchner for SO $40
was reversed, opinion by Chief Justice
o Brien.
At yesterday afternoons session the
application of W. b. Childers for a re-
hearing in the case of l.. Cert & Co. vs..
G. Bodaracco, of Albuquerque, involving
transaction in tohaccos was denied
On motion of f. l.. Bartlett the COSTS in
the case OF Gidersleeve VS.. the New Mex
leo Mining company, were taxed against
the plaintiff in error.
After much discussion the court, on
motion Of Mr.. Catron, adopted the Gil.
dersleeve copy Of volume 3, supreme
court reports, published by the Bancroft
Whitney company.
On motion of Mr.. Catron, Charles +.
Spies, of Santa Fe, was admitted to prac,
tIce in the supreme court, and the court
then adjourned to the next regular term.
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