Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-11-18

Aol az Ill tHelr pledQlngS as alleged
nor at all, and that neither they nor
any of theirs, nor any of the defend
ants therein, save and except The Cos
tilla Land and Improvement Company
are entitled to recover in this action
in whole or in part, nor to any right,
title, interest, estate, claim or de-
mand, in or to said real estate or to
any part or portion thereof nor to any
relief whatever herein.
Are Null and Void.
That the deed from certain plain
tiffs herein to plaintiffs, Juan N. Vel
ejo, Jose E. Trujilo, Pedro Martinez,
Jose Arrellano and Narciso Sandoval
directors Of the Defensive Association
of the Land Settlers of the Rio de
Costilla is null and void and of no
effect as against the Costilla Land and
Investment Company.
That the writing of Charles Beau
ben made about the year 1868, pur-
porting to convey to the inhabitants,
wood, water and pasturage, is null and
void and is hereby set aside.
That the titles of the Costilla Land
and Investment Company in and to
said tract Of land known as the San
gre de Cristo Land Grant in New Mex
leo is a good, absolute and indefeasi-
BILE estate in fee simple and clear
from the claims of the plaintiffs here
in, and of the co-defendants herein
and all persons whomsoever, and that
the title to the same, be and the same
is hereby quieted in the Costilla Land
and Investment Company, and the
plaintiffs and each of them be and are
hereby forever barred, restrained and
enjoined from in any manner claim
ing or interfering with the title or
possession of the said, the Costilla
Land and Investment Company to said
land and any part or portion thereof,
or assembling or slandering the title
of said, the Costilla Land and Invest
ment Company, and that the costs
herein be taxed against the plaintiffs
herein.
Lands Excepted.
From the decree, the following parts
or portions of the land are hereby ex-
cepted, to-wit.:
The land surrounding the church |
and priests residence at Costilla, New
Mexico, enclosed within the fences |
surrounding the same, being three
tracts containing respectively, eight,
eighty one-hundreds, and fifty-three
-hundredths acres.
All that portion which is within the |
Territory of New Mexico, of a certain
tract of land heretofore conveyed by
the United States Freehold Land and
immigration Company, to Ferdinand
Meyer.
The townsite of La Belle, heretofore
conveyed by the United States Free
hold Land and immigration Company
to E. C. Van Diest.
A tract of land conveyed to Manuel
e. Trujillo, described in deed.
Also 67 mining claims hereto con-
veyed to various parties, as describedI
in decree.
And from the finding that the land
belong to the defendant company,
the following part is excepted under
the agreement of the parties in open
court, and said defendant company is
ordered to convey the following des-
cribed property to the plaintiffs there
of, or to such person or persons as
they shall designate, to-wit
A strip of land along the west bank
of the Costilla Creek as was cultivat-
ed and occupied by the people of the
town of Costilla, New Mexico, up to
the year 1899, and not exceeding 1000
feet in width at any part, nor sou
acres in area, reserving to the public,
right of way for all open or public
roads now in existence thereon, and
reserving to the Costilla Land and
Investment Company, their success
ors and assigns, right of way for one
ditch, to be located and constructed
by them through the town.
Abstract of Agreement.
A decree may be entered in favor of
said defendant company.
The company will survey and plat
the town of Costilla as described in
decree.
The residents of the Canon of Cos
tilla, plaintiffs, are to be decided their
lands now in cultivation, areas de-
scribed in agreement, averaging about
five acres each.
The company is to furnish surveyor
to survey the said holdings and plain
tiffs to furnish three competent assist
ants.
If any of the parties outside of the
town elect within one year, to sur
render their holdings in the canon,
they will be given the same amount
of land adjoining the town of Costilla.
Water to the extent of previous and
prior appropriation upon the lands,
the title to which is recognized and
given but only SO far as heretofore
applied to surficial use, and not to ex-
ceed one cubic foot for each 80 acres
of land.
Settlers, about forty in number, liv-
ing outsidn nf Gnstilla town. not par