Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-11-01
LEGAL BATTLE
HAS OPENED
Title To Tract In Northern Taos
County To Be Deter
mined
CITIZENS or C0STILLA
against United States FrsshsId Land
and immigration company...Many
Thousand Acres Involved.

The case Of the Protective Associa.
tion OF the town of Costilla VS.. the Uni.
ted States Freehold Land and Immi.
grafton Company had Its first hearing
This morning before Judge John R..
Merle, of the First Judicial District
Court. This case is one of the most
important that has been up for trial In
the district court for some time, mas.
much as the land involved in the suit
amounts in all to almost $50, 900 acres.
The land in litigation is situated In
the northern part Of Taos County. in
is part of the Sangre de Cristo Land
Grant.
History Of Grant.
In the year 1874, the Mexican au-
thorities made grant, containing
l,Ooo,OOO acres, to certain Mexican citi-
zens, IN the northern part of Taos
County, which then included what is
now part of southern Colorado, for
colonization purposes. In 1860, the
Congress Of the United States, con.
nrmed this grant made by the Mexi.
can authorities, and the lands therein
contained, were afterwards acquired
Dy purchase by the U. S. Freehold
Land and immigration Company. Al
most 100000 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 Is
sued 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 25O,00O 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 1874 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 we're
| a thrifty class Of settlers, and for
years they tillod the soil reclaiming
the arid land from the desert wastes-
The United States Freehold Land and
immigration Company, recognizing the
fact that they were thrifty lot, per-
mitted them to dwell thereon, free
from rents and taxations, allowing
them the income they derived as
fruits of their labor in return for cul-
tivating the soil and building up the
country. For a 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 of possession, inasmuch as
they had dwelt thereon for ten years
and forthwith announced themselves
as owners, under the laws of New
Mexico in reference to the statutes OF
limitations.
Ejectment 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-
flrmed 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 Costilia
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 1t now stands.
Much Legal Talent.
This morning at 9 o'clock the at
toneys that have been retained on
each side, met in the First Judicial
District Court in the opening battle OF
the struggle for these thousand OF
acres. Abbott & Abbott, OF this
city. assisted by Albert Smith. of Den
ver Colorado together with 3. G. Van
Deist, Manager Of the Costilla Land
and Investment Company, OF Colo
RADIO Springs, are representing the
U. 8. Freehold Land and lmmigra-
ton 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 25O,OOO
acres, in the name Of the Protective.
Association OF COstilla.