Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-03-07
SUPREME COURT.
IMPORTANT OPINIONS REACHED.

Chief Justice Mills presiding. and AS.
sociate Justice McFie. Associate JUS
tice Parker and Associate Justice Bak.
or present
The following decisions were handed
down
In case No. $50. T. y. Catron. ct al,
appellants. VS. s n. Laughlin, ct al,
appellees, appeal from the district court
OF Bernalillo county. decision prepar.
ed by Judge Crumpacker was adopted
as the decision Of the court Judgment
was reversed and the syllabus is as
follows
The action Of congress in confirm.
ing a claim for and under a grant made
hy Mexico Is {, be treated as an adju-
dicstlon. and the courts cannot revise
what has been done by congress.
Where the surveyor general OF New
Mexico has declared a Mexican land
grant presented TO him TO be good
and valid one. and recommended its
confirmation without limitation as to
quantity. and congress has confirmed
the grant as recommended. the con.
nrmation is declaration by congress
that the title Is valid for all the land
claimed.
In such case. while the courts can
not 60 back - the original grant for
the purpose 4 passing on its validity,
yet they MAJ &C so merely to ascertain
whether 1t purpcrted to convey abso-
lutte title to the land. as a means Of as
pertaining the full scope OF the inten-
ton by congress.
In the present case the original grant
by It's words OF conveyance purports to
give complete title. and 1t is therefore
held that congress by the confirmation
adjudlcated the title to be perfect.
Where congress has confirmed
grant 10 such of the grantees as had
not forfeited their rights b. non-com-
pliance with the conditions of the
grant. the possible forfeiture indicated
must have taken place prior to the &C
QUESTION 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 for
fixture is upon the party alleging IT,
There is no proof in this case to sup
pert the findings of the court below
that The appellees had title to the
grant n controversy by adverse pos
session against their co-tenants. Judg-
ment is reversed.
In case No. $50. \. G.. Green, ct al,
plaintiffs in error, VS. Browne q Man
zanares Co. defendant in error, error
to district cogrt of Mora county, the
decision Of the lower house was affirm
ed in an opinion written by Judge Nc
File.
In case No. 1898, c. +. Brown, receiv-
err appellee. vs.. Henry Lockhart ct ais.
appellants appeal from district court
of Bernalillo county. was affirmed in
an opinion prepared by Chief Justice
Mills The syllabus is as follows:
J. Alleged errors which are not jur
isdicuonal will not be considered by
this court on appeal, unless exceptions
to them are made
.. Findings of the trial as TO facts in
Issue. will not be set aside. where
there Is eveiience to sustain them, un-
less they are manifestly against the
evidence.
3, Where property which is claimed
10 be separate property is not preserv-
ed in specie or in kind, but has under
gone mutations and charges in order
to sustain Its separate character, it is
necessary that II can be clearly traced
and identified.
4 The Jaw creates a presumption
that property acquired during cover
ture IL community property, and Is sub
ject TO the payment Of community
aeHts. AMI this presumption casts the
burden u proof upon the claimant OF
separate estate. II is also a presump
ton OF law that any debt contracted
during the coverture Is community
debt
Case No s24, Ambrosio Armijo ct al
plaintiff In error. VS. George X. Neher
defendant In error. error to district
court Bernalillo county, was decided Ia
an opinion prepared by Judge Parker
Judgment was given for the plaintiffs
In error in the sum Of s309.7i. interest
on each monthly receipt OF rents ant
profits aocruing within the four years
prior 20 the filing of their cross com
plant on January 9, 1899.
Case No 9S7 Margarito Romero. ad
ministrator, We, The Atchison, Topeka
& Santa Re Railway company, appea
from district court OF San Miguel coun
ty. was decided in an opinion writtel
by Judge McFie. The judgment OF tn
lower court IN dismissing the con
paint was sustained
Cas- No. 9s2 the Territory OF Ne'
Mexico. appellee. vs. Pablo Padilla. al
peilant, appeal from district court Va
lencla county, was decided in an opiI
ion prepared by Chief Justice MIL
The judgment of the lower court wa
affirmed and the syllabus is as 70
lows:
/. The granting or refusing OF a M
ton for continuance in a criminal cas-
on the ground Of absence OF materii
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