Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-11-02
LEGAL BATTLE
HAS OPENED
Many Acres, Involving Title
Thereto, Now Before
the Courts.
HISTORY OF INTERESTING GRANT

The ease of the Protective Associa
ton of the town of Costilla VS.. the
United States Freehold Land and I'm
migration company had it's first hear
ing yesterday morning before Judge
John r. McFie, of the First judicial
district court, at Santa Fe. This case
is one of the most important that has
been up for trial in the district court
for some time, inasmuch as the land
involved in the suit amounts in all to
almost 100000 acres. The land in
litigation is situated in the northern
part of Taos county, and is a part OF
the Sangre de Cristo land grant.
History Of the Grant.
In the year 1874. the Mexican au.
thorities made a grant, containing
1,000,0 600 acres, to certain Mexican ca.
zens, in the northern part of Taos
county, which her included what is
now part of southern Colorado, for
colonization purposes. In 1860, the
congress of the United States con
firmed this grant made by the Mexi-
a authorities, and the lands therein
contained were afterwards acquired
by purchase by the United States Free
hold Land and immigration company.
Almost $50, 600 acres of this grant are
situated In what is now Taos county
in this territory, and on this the
towns of Costilla, Questa and others
are situated.
On December 2, 1880, a patent was
issued by the land Office at Washing
ton, giving the United States Free
hold Land and immigration company
a clear title to this immense tract.
Since then the land has been sold
and divided, until now the above
company only has in its possession
about $50, 900 acres, the amount in
litigation in the present case. This is
located entirely in New Mexico, be-
ing in Taos county, in the northern
part of the territory.
Cause of Suit.
In the little town of Costilla live
some "a settlers who came to that
part OF the country ten or more
years ago., settling upon part of
this land grant, situated in and
around the town they have since
built up to its present size. They were
a thrifty class of settlers, and for
years they TILED the soil retaining
'AAC oAAN aAiu tue utotiI MdoAto.
The United States Freehold Land and
Immigration company, recognizing the
fact that they were a thrifty lot. per-
mitted them to dwell thereon free
from rents and taxation, allowing
them the incline they derived as
fruits of their labor in return for cul-
tivatins the soil and building up the
country. For a period of ten years
thnU aNrn1t rnnp fha 1onl IN ,,,1fc-
puted possession. Then came a day
when they felt that the land was theirs
by right of possession, Cinasmuch as
thew had dwelt theron for ten years
and forthwith announced themselves
as owners, under the laws of New
Mexico in reference to the statutes of
limitations.
Eiectment the Action.
The United States Freehold Land
and Immigration company, claiming
that the land was theirs by right of
the grant made in 1874, and since con-
firmed by congress, and claiming that
they had paid taxes upon 1t since the
patent had been issued them in 1880,
denied the right Of the Costilla set
tiers to claim this land and the pres
ent suit is the result. The Costilla
settlers claim the land by settlement
under the New Mexico statute of
limitation and the United States Free
hold Land and immigration company
wishes them evicted. That is the case
as it now stands.
Much Legal Talent.
Yesterday morning at 8 O'Clock the
attorneys that have been retained on
each side met in the First judicial
district court in the opening battle of
the struggle for these thousands of
acres. Abbott & Abbott, of Santa Fe,
assisted by Albert Smith, of Denver,
Color ., together with f.. C. Van
.e.su. manager of the Costilla Land
and Investment company, of Colorado
Springs, are representing the United
States Freehold Land and Immigra-
tion company, while Charles A. Spiess
and o. A. LarraZolo, both of Las We
gas. are representing the 1874 settlers
of the tOwn of Costilla, who are bring
ing the suit to determine the owner
ship and right of title to the 100000
acres, in the name of the Protective
Association of COstilla.
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