Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-08-26
rsNkIfOAIAL SUPREME cOus1.
Opinions Handed Down in Three Cases Of
Local Interest.

The opinions handed down on Tues
day, OF local interest, are as follows:
CAST NO. 7l6.
In case No. 7l6, Henry Loekhart,
plaintiff Ia error, vs.. J. 2 Wills. ct AL,
defendants in error, error TO the district
court Of Bsrnalillo county, an opinion
was handed down by Associate Justice
Parker, which was e]oncurred in by Chief
Justice Mills and Associate Justices Nc
Fie and Crumpacker, Associate Justice
Leland not sitting In the case, affirming
the judgment Of the lower court, the
same being in favor Of J. Q. Wills ct al.
This suit vas brought in the lower court
u eject the defendants from the pos.
session Of certain mining property. and
the supreme court, in rendering its de,
eision, prepared the following syllabus.
Lands embraced within the boun.
daries OF a Mexican or Spanish grant in
New Mexico, iD 1898, as claimed aud
which was sub JUDGE IN the court Of
private land claims, wss open 10 expl0r-
RtIon and purchase under the mining
laws Of the United States.
AS against a subsequent locator, a 10.
cation, not perfected according to the ter
ritor ial laws. within the time provided,
becomes forfeited and void, and the
ground embraced therein becomes open
TO location. Plaintiff, TO maintain eject
ment against a subsequent locator, must
show a valid location.
when the facts produced by plaintiff
show q forfeiture Of his location has
taken place, II Is the duly OF the court TO
instruct the jury 10 hnd for the defend
ants.
when the facts show that a forfeiture
Of plaintiffs location has taken place,
for a failure 10 perform the statutory re-
quirements for a valid location, Il Is in
material to show such failure wa a re-
suit OF a conspiracy TO defraud plaintiff
on the part Of plaintiffs o.locatOr with
other persons who locate after forfeiture.
"The assignmentof a wrong reason for
an act by the trial court Is not a reversI-
BILE error II the act done was In law right.
when the plaintiffs case IL inherently
and fatally defective and il incurable,
The defendant Is entitled to have the
Judgment affirmed, notwithstanding or
r0rs OF the trial court.
when the plaintiff allows his location
10 become forfeited by failing to perfect
same, a. required by law, he cannot set
up az al excuse for such failure that
prior TO the expiration OF the time al
lowed by law 10 perfect his location,
others took adverse possession Of his
claim, OF which he wa not aware until
after forfeiture.
I'm order for adverse possession and
] auaVaN 80 NwWuN.A an .a..m T.. - -
fecting the location OF a mining claim,
the party Offering such excuse must have
In some way been prevented thereby from
perfecting his location"
Warren, Ferguson Il Gillett for tho
plaintiff, Childers & DobsOn for the de.
PENDANTS. Notice OF appeal or writ OF
error to the United States supreme court
has been given.
The decision In this case Is Of unusual
importance, not only to the parties liti-
CANT, but TO the public In general. for the
reason that II settles for the first time
the question as TO whether the mineral
within the boundaries Of a claimed Mex.
lean or Spanish grant, such grant being
at the time sub judice In the court OF
private land claims OF the United States,
was open to exploration for mining pur-
poses, and the decision holds the act OF
congress OF March 3, 1891. expressly re-
pealed section = of the act OF July 20,
1854, which established a reservation OF
land embraced within the boundaries OF
a claimed grant, upon the report OF the
surveyor general, and therefore, as the
law now stands, there Is no ~statuary
reservation Of any OF the lands embraced
within the boundaries Of a claimed grant
In New Mexico.
CASE No. 7iS.
In case No. AS. Southern California
Fruit Exchange, plaintiff in error, Va.
Martin p. Stamm, defendant In error,
error to the district court OF Bernalillo
county, al opinion was handed down by
Associate Justics MeFie, which was con.
CURED In by the rest Of the court, affirm.
ing the in dRment Of the lower court, the
same being In favor OF Martin p. 5tamm.
On the 18th day Of April, 1896, Martin p,
Stamm died In the Office OF the clerk OF
the district court OF Bernalillo county a
declaration in a suit to recover the sum
OF $500 damages OF account Of the fail
ure on the part Of the Southern CalifOr-
mia Fruit Exchange to deliver to him a
carload Of oranges alleged TO have been
purchased by him. X. ID. W. Bryan and
Warren. Ferguson & GIllett for the
plaintiff, A. b. McMillen for the defend
ant.
CASE NO, 776.
In case No. 77G, ROmulO Garcia, plain
tiff in error, vs., Jesus Candelario. defend
ant in error, error 10 BernalillO county,
a decision was handed down by Chief
Justice Mills, which was coneurred in by
Associate Justice Parker, McFie and Lee
land, Associate Justice Crumpacker not
sitting In the case, affirming the judg.
ment OF the lower court said judgment
being for the defendant, CAndelario. This
cause was an action brought by the
plaintiff TO recover wages alleged 10 be
due. and the record Of the case shows
that in the year 1883, the plaintiff mar.
ried the daughter OF the defendant and
lived for some years with his wife at the
house Of the father.in-law in Old Albu-
querque, and thereafter they resided
sometimes in the house OF the defendant
some miles distant from Albuquerque
and some times at his house in Albuqnsr.
qued. A short time before this suit was
brought the plaintiff and his wife separ.