Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-11-29
IMPORTANT OPINIONS
BY JUDGE M'RIE
The Case of Solomon Luna VS.. The Oerrillos
Coal Railroad Company Decided in
Favor Of the Defendant.
OTHER MATTERS In
THE DISTRICT COURT

FuTlneT teSliIIlOIiy Was tdhel lOud.
in the suit of John H. Knaebel, Esq
VS.. the Board of County Commissioner
of Santa Fe county, claiming attorney
fees for services in the celebrated elec
of the theft of the election return:
from Galisteo precinct after the 1879
election. Colonel Max. Frost is thu
referee, and Messrs. ]. B. Mayo, G. M
Conklin and Juan Garcia, who compos,
ed the board of county commissioners
in 1891 were the witnesses.
| The case of A. j. Fischer ct al VS.
III. O. Bursum, superintendent Of the
| territorial penitentiary. for the posses
sion of certain clay banks, northeast OF
Santa Fe, was heard this afternoon be-
fore Judge McFie in chambers.
| In the case Of the United States VS..
Benito Griego, the latter having been
convicted and sentenced for adultery,
A. B. Renehan Esq, today filed bill
of exceptions, preparatory to taking an
appeal to the territorial supreme court.
Judge McFie today completed his
opinion in the important case of Solo,
mon Luna VS.. The Cerrillos Coal Rail-
road company, involving the possession
of certain coal lands on the Juana I.o-
pez grant in southern Santa Fe county
1t was an action of ejectment in which
the plaintiff sues to recover certain in
terests which Mariana Sena claims to
Ixn;r 1f ,i,fr
Romero and conveyed to the plaintiff
in 1897. The plaintiff contends that
Domingo Romero left five children,
while the defendant insists that Do
mingo Romero had only three children.
the defendant having purchased from
the heirs of the three children whose
existence is not disputed and claims
that they took possession of the entire
Juana Lopez grant in 1874 and that
Hon. T. B. Catron by himself and
1874 to 1875, when Catron and wife con-
veyed to the Cerrillos Coal and Iron
company; that the Cerrillos Coal and
Iron company held possession of it un-
til 1894, when they leased it to the Ger
rillos Coal Railway company, the de-
fendant in this case. The defendant
lessor claims title through purchase
from the New Mexican Mining COM
pany grant which is in conflict with
the Juana Lopez grant to the extent of
defendant also pleads the statute Of
limitation under adverse possession
The court holds as to the II, 200 acres in
conflict between these two grants, the
New Mexico Mining company's grant
has the superior title, having been con-
frmed by congress in 1861 and patented
in 1876, whereas, the Juana Lopez grant
was not confirmed until 1879 and is
therefore the Junior grant. Court fur
ther holds that,the New Mexico Mining
held possession Of the grant
for a longer period than the statute Of
limitation requires and therefore the
statute of limitation would apply. AS
to the remainder Of the ground in con-
troversy outside of the conflict, the
court sustains the statute of limitation
DIS d utlCHSG dIIu tIldl tIlt pldIiltllL Ao
barred of a right to recover possession
by the statute of limitation. This hold
ing necessitates a judgment for the de-
fendant and upon the other issue,
which becomes immaterial, If the stat
ute Of limitation is a proper defense.
the court holds that there is not pre-
ponderance of evidence in favor Of the
plaintiff as to the heirship of the par
ties from whom the plaintiff claims IT,
tie as descendants of Palonia and Pa
dren and heirs of Domingo Romero.
other than those from whom the de-
fendant, Hon. T. B. Catron, and the
Cerrillos Coal and Iron company pur-
chased. The evidence in this case was
very voluminous and included docu-
ments dated over one hundred and f1f-
ty years ago.
In the case of M. c. Clarke, receiver,
VS.. Donoghue and Monier ct al, a suit
to foreclose a mortgage Of $4,000 on a
-hree story double brick building on
avenue on the southside of |
Santa Fe, Judge McFie today decided |
n favor of the plaintiff. Donoghue and !
Monier had borrowed $4,000 from a |
building and loan associa-
ion and gave bond and mortgage on
he building as security. They paid the
interest on the loan promptly and also
,aid for several years 60 cents per share
yer month upon 80 shares of building
md loan association stock which they
rent and receiver was appointed in
and in Wisconsin to collect
he debts and settle the affairs of the
The receiver sued for the
oreclosure of the above mentioned
mortgage. According to Judge McFie's
pinion, the defendant is charged with
he amount of money borrowed and in
crest thereon and is allowed credit
or all interest paid upon the bond and
mortgage and also all interest upon
he interest payments, and holds that
ayments upon the stock of go cents
er month per share, where the asso-
iation becomes insolvent and suit is
rought by a receiver, cannot be cred
ed upon the mortgage but must go
ito the general treasury of the asso-
lation to be disbursed for the benefit !;
all shareholders whether borrowing Il
r non-borrowing members, that In or
er to place borrowing shareholder
pom an equality with a non-borrowing {
The money actually bor- s
owed from the association must be
aid back and then the money derived ]