Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-11-04
LEGAL BATTLE
HAS OPENED
Many Acres, Involving Title
Thereto, Now Before
the Courts.
mSTOsY OF INTERESTING GRANT

The case Of the Protective Aasocla-
ton o. the town or cosllla VI. the
United States Freehold Land aud I'm.
migration company had lta nrst hear
ing yesterday morning before Judge
John u. McFie. of the First judicial
diatric, court. At Santa Fc This case
81 one OF the most Important that has
been mp for trial Ia the district court
for some time, inasmuch as the land
Involved M che aaii amounts Ia All "a
almost 100000 acres. Tho land Ia
litigation ~ situated In Che northern
/ part az Taos county, and ls q part OF
the Snngro de- crlato land grant.
History Of the Grant
In tho year lSts, tae Mexican au.
thoritloa made grant. containing
I lOuo000 acres. TO certala Mexican "a.
Gems. In the northern part uf Taos
county. which then Included what is
nov part " southern Colorado, for
colonization purposes In is5O. the
congress OF the United States con.
Armed this grant made by the Mexi.
can authorities, and the lands therein
by purchase By the United states Free.
hold Land aud immigration company.
Almost 100000 acres OF this grant are
situated m what Is now Taos county
In this territory, and on this the
towns q, costilla. Questa and others
are situated.
On December 2. 1850, a patent was
Issued By the land once at washing.
ton, giving the United States Free
hold Land and immigration company
a clear title 20 this immense irnet
Since then the land mas been sold
and divided. until now the above
company Only has Ia ia possession
/ about 100000 acres. the amount Ia
litigation In the present case. This Is
I located entirely In Nov Mexico. be-.
/ ms ln Taos county. ia the northern
part Of the territory
Cause Of Suit.
In the litlle town OF COstilla live
some % settlers who came to that
1 part OF the country ten or moro
[ years age. settling upon part og
/ this land grant. situated In and
around the Town they have since
built up TO It's present size They were
thrifty class OF settlers. and for
years they titled the soil retaining
The arid land from the desert wastes.
The United States Freehold Land and
Immigration company. recognizing the
/ fact that they were thrifty lot. per-
mltiad them 90 dwell thereon free
from rents and taxation, allowing
them The incLme they derived as
frulta " their labor In return for cul.
/ tiyatlng the soil and building up the
/ country. For period Of ten years
they dwelt upon the land In undis.
puted possession. Then came a day
when they felt that the land was theirs
/ by right 81 possession. inasmuch as
thoy had dwolt theron Tor ten years
and forthwith announced themselves
as owners. under the laws OF New
Mexico In reference 10 the statutes ~
| limitations.
Ejsetmsnt the Action.
The United States Freehold Land
and Immigration company claiming
that the land was theirs by right OF
the grant made IN 1874, ana slnoe con
irmed by congress, and claiming that
they had paid taxes upon II since the
patent had been issued them in 1880,
denied the right of the Costllla set
tiers 10 claim this land and the pres
cnt suit ~ the result The Costilla
settlers claim the land by settlement
under Tho New Mexico statute OF
limitation and the United states Free
hold Land and immigration company
wishes them evicted That is the case
as Il now stands.
Much Legal Talent
Yesterday morning AZ 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 a Abbott. OF Santa Re,
assisted by Albert Smith, OF Denver.
Colorado. together with Y. c. Van
Doist. manager OF the Costllla Land
and Investment company. OF Colorado
Springs. are representing the United
States Freehold Land and lmmlgra-
tion company, while Charles A. spiqss
and O. A i.arrazolo. both OF Las We.
gas. are representing the 1874 settlers
Of the town Ct Costllia. who are bring.
ing the suit 20 determine the owner.
ship aud right Of title to the 100000
sores. IN the name ~ the Protective
Association OF Costilla.