Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-02-27
SUPREME COURT
OF new MEXICO
The Decision of the Lower Court
Reversed in the Case of T. B.
Oatron, ct al, Appellants,
VS.. Saron N. Laughlin,
ct al, Appellees.
A NUMBER OF IMPORTANT
OPINIONS HANDED DOWN
YESTERDAY AFTERNOON

handed down: In case No. 500, T. B
Catron ct al, appellants, VS.. S. N
Laughlin ct al, appellees, appeal from
the district court of Bernalillo county
a decision prepared by Judge Crumpac-
ker was adopted as the decision of the
court. Judgment was reversed and the
syllabus is as follows:
The action of congress in con.
grant made by Mexico is to be treated
as an adjudication, and the courts car
not revise what has been done by con-
gress.
Where the surveyor general of New
Mexico has declared II Mexican lane
grant presented to him to be a good and
valid one, and recommended it's conf1r-
nation without limitation as to quanti-
ty, and congress has confirmed the
grant as recommended, the confirma-
ton is d declaration by congress that
ed.
In such a case, while the courts can
not go back to the original grant for
the purpose of passing on It's validity,
yet they may do so merely to ascertain
whether it purported to convey absolute
title to the land, as a means of ascer-
tanning the full scope of the intention
by congress.
In the present case, the original grant
by it's words of conveyance, purports to
give complete title, and it is therefore
held that congress by the confirmation
adjudicated the title to be perfect.
Where congress has confirmed a
grant to such of the grantees as had
not forfeited their rights by non-com-
pliance with the conditions of the grant,
the possible forfeiture indicated must
have taken place prior to the acquisi-
tion of the country from Mexico, and
can be shown only by proof of de-
nouncement, and some official action
thereon, under the former government,
and the burden of showing such forfeit
ure is upon the party alleging it.
There is no proof in this case to sup
port the findings of the court below
that the appellees had title to the grant
in controversy by adverse possession
against their co-tenants. Judgment Is
reversed.
In case No. $50, A. G. Green ct al,
plaintiffs In error, VS.. Browne and Man.
zanares Co., defendant in error, error to
district court of Mora county, the de-
cision Of the lower court was affirmed
in an opinion written by Judge McFie.
Case No.. 993, c. T. Brown, receiver,
appellee, VS.. Henry Lockhart ct ais, ap-
pellants, appeal from district court OF
Bernalillo county, was affirmed in an
opinion prepared by Chief Justice Mills
The syllabus is as follows:
1. Alleged errors which are not Jurls'
dictional will not be considered by this
court on appeal, unless exceptions tt
them are made.
2. Findings of the trial as to facts II
issue, will not be set aside, where there
is evidence to sustain them, unless they
are manifestly against the evidence.
8. Where property which is claimed tc
be separate property is not preserved In
specie or in kind, but has undergone
mutations and changes in order to sus'
tain it's separate character, 1t Is neces'
sary that it can be clearly traced ano
identified.
d. The law creates presumption thai
property acquired during coverture Il
community property, and is subject u
the payment of community debts, ant
this presumption casts the burden o
proof upon the claimant Of separate es
tate. 1t is also presumption Of Law
that any debt contracted during tn
coverture is community debt.
Case No. 924, Ambrosio Armijo ct al
plaintiffs in error, VS.. George K. Nehei
defendant in error, error to distric
court Bernalillo county, was decided Il
an opinion prepared by Judge Parker
Judgment was given for the plaintiffs II
error in the sum of $3O9.74, interest OF
each monthly receipt of rents and pro
fits accruing within the four years prio
to the filing of their cross complaint OF
January 9, 1899.
Case No. 9S7, Margarito Romero, ad
ministrator, VS.. The Atchison, Topek
and Santa Fe Railway Co., appeal fror
district court San Miguel county, wa
decided in an opinion written by Judg
McFie. The judgment of the lowe
court in dismissing the complaint wa
sustained.
| Case No. 992, The Territory Of Ne7
Mexico, appellee, VS.. Pablo Padilla, ap
pellant, appeal from district court Va
llencia county, was decided in an opin
ion prepared by Chief Justice Mills. Tn
Judgment of the lower court was al
firmed and the syllabus is as follows:
i 1, The granting or refusing OF mo
ton for continuance, in criminal cas-
on the ground of absence of materis
witnesses, rests in the sound discretio
of the court and will not be reviewe
il and reversed on appeal unless 1t clearl
appears that manifest wrong has bee
done.
! 2. Even II the rule laid down BY II