Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-01-14
MRS, BERCEREW|N
IMPORTANT SUIT
Supr e m e Court t
Renders Opinion
in Case
GAuSTE0 RANCH INVOLVED
Assistant US. Attorney E
c. Abbott Files Oath Of
Office.

The supreme court of New Mexico
continued in session today, reconven.
ing this morning at 10 o'clock. There
were present:
Chief Justice William j. Mills, AS.
sociate Justice John r. McFie, Associ.
ate Justice Frank w. Parker, Associ.
ate Justice William II. Pope, Associ-
ate Justice Edward A. Mann and Asso.
ciate Justice Ira A. Abbott. Jose D
Sena, clerk Of the court, was at his
post. The United States was repre-.
sented by U. S. District Attorney D. j.
Leahy and the Territory by Attorney
General James M. Hervey. Deputy U.
S. Marshal Harry F. Bogh was in at.
tendance representing U. S. Marshal
c. M Foraker.
An opinion was handed down today
by Chief Justice Mills in the case OF
Eloisa Luna de Bergere, ct al, appel
lees, versus Luciano Chaves, ct al, ap-
pellants, which cause came up on an
appeal from the First Judicial district
court. The decision of the lower court
was affirmed.
This Is an important case involving
the ownership Of what is known as the
Galisteo ranch which is located In the
southern part of Santa Fe county. II is
a suit in ejectment which was brought
by the plaintiffs for the purpose Of re.
covering possession of the tract of
land In litigation. At the trial jury
was waived and the evidence was
taken first before Judge McFie, who
was later disqualified and by consent
Of all the parties the case was referred
to Judge Mann who heard the argu.
ments for the plaintiffs.
Brief History Of Case.
1t appears that the land in question
was owned by the late Manuel Antonio
Otero from whom all of the litigants
trace their ownership. On January %,
1878, Mr.. Otero and one Jesus M. Sena
Baca entered into a contract or
agreement which was written in Span
ish, whereby, for consideration the
former sold and transferred the prop
erty in favor of Jesus M. Sena Baca,
and his wife, Agapita Baca. Upon Mr.
Sena Bacas death the property came
into the possession OF his widow who
quit claimed her rights to Jesse D.
Rumberg and at the same time deliv-
cred to Rumberg the original contract
or agreement. Rumberg continued in
possession of the land until 1889 when
he quit claimed it to Jose de la Cruz
Chaves and from the latter the proper
ty came into the possession OF the
heirs at law, the defendants in the
suit.
The evidence disclosed the fact that
Manuel Antonio Otero attempted to
get the Bartolome Baca land
grant approved by the survey
or general of New Mexico but
that official made ar unfavorable
report on the validity Of the
grant. However, before Congress took
any action the Court of Private Land
Claims was created and approved Of
part of the grant, but on appeal tG
the United States supreme court tht
land grant was finally rejected
In April, 1901, after the final rejec
tion Of the Bartolome Baca land grant
the plaintiffs as heirs Of Manuel Am
tonic Otero brought the present suit tc
recover the possession of the Gallstec
ranch and judgment was found for the
plaintiffs which decision Is sustained
by the supreme court Of the territory
Chief Justice Mills in his opinion af
ter review Of the case and the cita
tion of other authorities, says:
Synopsis Of Opinion.
"The evidence in this case nowhere
discloses that Sena y Baca or his as
signs ever distinctly and unequivocal
ly repudiated the title of Manuel An
tonic Otero. When Sena Baca dlspos
ed Of whatever title he had in the Gal
isteo ranch to Rumberg, he did so By
a quit claim deed,and handed Rumbers
the executory contract which he hat
in his possession and this contract ap
pears to have been given to the occu
pants of the real estate In controversy
down to the present day, for we find II
in the possession Of the defendant;
when this suit is brought and it is in
troduced by them in evidence to sup
port their claim that they own thu
property 4 fee.
I'VE are aware that many points are
raised In the briefs Of both appellants
and appellees which we have no
discussed but az before stated undel
the view we have taken Of the cast