Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-12-06
I. s. LAND COURT.
Important Decision in the Helena
Gallegos GIant-Santa Fe
.. County Grant.

until tomorrow for the closing up OF
minor matters.
QUESTION OF MOMENT.
In case No. 81, the Helena Gallegos
grant, in Bernalillo county, the opinion
of the court was rendered by Mr.. Justice
Stone. 1t decides an important question
and is as follows:
SIN this case question between the
attorney for the United States and coun-
sci for claimants is raised respecting the
form of the decree touching the eastern
boundary of the grant, and the determine
ton by the court of this question, upon
mature consideration thereof, am direct
ed to announce.
"The boundaries described in the act
of possession lin the English translation
fled) are as follows: 'On the north a
small ruin, and on the south some
lagoons which are contiguous to the walls
of Jorge, on the east the Sandia mountain
and on the west the Rio del Norte.'
1T is contended by counsel for claim
ants that under this description, and the
claim, use and possession of the occu-
|
90 to the summit of the Sandla mountain,
while the attorney for the United States
insists that it stop at the foot OF the
mountain.
"The question is of no small import
ance, since like questions arising upon
similar descriptions referring to noun
tains, hills, bluffs and mesas are involved
in majority of all these grants, and |
am not aware that such terms of descrip-
ton have heretofore been judicially con-
strued in dealing with the subject of
boundaries of these Spanish and Mexican
land grants, while it is essential that these
terms should receive a proper and Ger
tain definition.
"The distance between the bottom and
the top of a mountain or hill is often
considerable, and the character of the
land on the slope may generally be taken
to furnish in itself motive for the de-
scriptive words as well as reason
: and guide for Interpretation of meaning.
. In ali this region of country, with its
peculiar physical and climatic conditions,
t wood, water and grass are the most de-
sirable and requisite qualities of arancho
or land grant, That mountains, from
:, the snow which lodges upon their sum
:. mits, furnish water, timber and more
= abundant ard nutricious grasses upor
= their slopes than are to be found on the
), plains below, and, often, the only water
= timber and grass to be had, is fact sc
=, notorious as to compel judicial cognlZ
=. ance. Hence, if there were no other req
~ ~ son, it is believed that this physical ant
W natural one might we'll be regarded al
s. sufficient for the conclusion that thu
> petitioners, upon praying for the grant
i meant and expected that the boundar.
. should include the adjoining side of thu
Il mountain to the summit, and that tn
claim and user by the occupants of suc
area for the wood, stone, water AM
grass for pasturage should, in the alb
) sence of certain proof to the contrary
determine such boundary description t.
mean the summit of such natural objec
designated.
II "An authoritative rule of constructlo
is, that, where deed is uncertain or an
biguous in description, the constructio
: given to it by the parties themselves, q
shown by acts and declarations, is to b
deemed the true one, unless the contrar
is clearly established. Reid vs.. Propri
y tors. How. 274.
"And when boundaries are doubtful
actual occupation for a number of veal
up to the line where the party supposes h
boundary to extend, without objectio
from the adjoining proprietor, is stror
presumptive proof of the true place
the line. 81 Am. Decisions, $50.
"But a proper Interpretation of I'll
descriptive words themselves is suftciel
to fix the summit of the mountain as Il
- correct definition of the terms employe
v There would be insuperable difficulty
IN determining the exact point OF the TO
VI or bottom of mountain or hill slopil
gradually away from it's summit for mai
miles before reaching q level, or dete
minable point, where it could be said tn
the mountain ended though the slope d
not.
"But there is no difficulty in ascertai
ing where the top of hill or mounta
is. That point can always and easily
made certain and definite.
upon the point of Interpretation whe
9 the term mountain is used alone and
qualified, we are not unsupported by a
judicial decision.
SIN the supreme court of California,
: the case of Ornbaum VS.. His Creditors,
. California, 459, the words of bounda
description, 'on the south by what
known as Redwood mountains were Q
iected to as indefinite, and the court
holding the description to be good, sa
. TT would be novel proposition OF Ii
in this state that mountain or range
ket mountains is not definite boundary
'lls land. 1t is as much so as tree, a 70
or a stream half mile wide, in which
boundary would go ad medium fill
aauae. The boundaries usually 60 to
nu- middle of the natural object named, I
IN cept in the case of range of mountai
on when it goes to the comb or dividing Il
a of the ridge
TIA "This construction must be approx
J. az the most rational one in all such cas-
"In the case under consideration
BILE precise meaning of the words gives eN
per less room for doubt. The English ira
lation on file, viz: 'On the east the Gan
mountain is deficient and inadequate
at "The Spanish words in the originate
of the archive document are, 'por
oriente con la sierra de Sandal pro
sa- translation of which, into requisite
plish, is: 'On the east by the crest
Sandal mountain. The primary me
oio- ing of the word sierra is saw.
As applied to mountains its figurat
= r. general meaning is range; as La Sic
and Madre,' La Sierra Nevada, the Mot
range and the Snowy range OF
Rocky mountains. In special appll
ton of the term to single mountain,
. mountains not properly consti,utin
range, the word sierra especially rel
to and denotes the serrated crest, col
II ridge or summit. The term may be
III piled, in common parlance, to en-
mountains smoothly rounded, as to tn