Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-09-01
SUPREME COURT
HAS ADJOURNED
Will Meet Again Late in Nov.
ember to Clean Up the
Docket Finally
IMPORTANT DECISIONS TODAY
Pioneer Settlers In Good Faith
on Land Grants Ac-
quired Title.

The territorial supreme court of
New Mexico, adjourned at 3 O'Clock to-
day until Monday, November q.
Before adjourning the court hand
ed odwn several opinions.
One of the most important cases de-
cided this afternoon by the supreme
court. in fact one that goes to the very
fundamentals in New Mexico, is that
by Vicenta Montoya, plaintiff, vs.. The
Unknown heir of Francisco Montez
Vigil, deceased; the unknown heirs of
Juan Gonzales, deceased, and all un-
known owners of the real estate here
matter described, defendants, appel
lants, and Candido G. Gonzeles. ct ais,
interyenors and appellees. The appeal
is from the district court of Besnalillo
county, and the assignments of error
are overruled insofar as they challenge
the correctness of the decree of the
court in favor of the intervenors and
the decree will be affirmed insofar as
it relates to all of the tracts owned
by the interverners, but will be sus-
tained as to the last mentioned tracts
and as to those the decree will be re-
manded for further proceeding in ac-
cordance with the view herein express
ed.
The opinion is by Judge John r. Nc
iFe and is most scholarly and ex-
haustive one, settling important points
of law of inestimable consequence to
many Of the old settlers in the terri
tory, especially those who have ac-
quired land titles and rights within
the boundaries of land grants.
The syllabus says:
1. Under Section 1882, Compiled
Laws 1897, the owner of the whole or
any part of the premises sought to be
partitioned may, whatever the origin
of his title, intervene for the settle
ment of his rights.
2. A judgment in partition suit
which declares the nights of the par.
ties and orders partition, is interlocu-
tory only and is under the control Of
the court until final decision, and may
be- modified or rescinded at any time
prior to final judgment or decree.
8. Section 2937, Compiled Laws
1897, construed and held to grant af-
firnatiye relief in, the nature of n
fee simple or statutory title in additisn
to the bal of the statute, in favor Of
persons being in possession of tracts
of land within the bounde ries Of Span
ish or Mexican Land Grants, for ten
years Inder a deed or deeds of con-
veyance, devise, grant or other assur-
ance purporting to convey an estate in
fee simple upon compliance with the
terms of the section, and possession of
any part of the tract thus conveyed
extends to the exterior boundaries OF
the lands described in such convey
ance.
4. That Section 2937, supra, was
enacted by the legislature az staute
OF repose for the purpose of settling
the titles and preserving the rights of
the pioneer settlers who in good faith
settled upon. improved and cultivat-
ed vacant lands of the Spanish and
Mexican Grants within the Territory,
the ownership of which was unknown.
! 5. Section 1888 does not purport to
confer fee simple title as Is provided
for in section 2937, bit simply raises
the bar of the statute against the
bringing OF actions for the possession
of lands held adversely for ten years
under color of title and with payment
of taxes. and is lnapplicable to the
present case.
6. The doctrine Of mixed possession
as laid down in Hunnicutt v. Peyton,
102 U. s. 333. examined and held to be
inapplicable.
Partition fAlameda Grant.
The action was brought for the par
tition of the entire Alameda Land
Grant Grant, situated in the counties
OF Bernalillo and Sandoval. The grant
contains S9,346 acres. The grant was
made by authority Of the king OF
Spain to Francisco Monies Vigil ii
consideration of military services rend-
cred on the End day Of January, ITO.
Vigil sold and conveyed the grant to
Captain Juan Gonzales on July 1s,i71z.
The grant was confirmed by the Court
lof Private Land Claims. On March IL.
1907. judgment in partition was rem
dered by default extending to postiona
fof the grant. The decree awarded to
Attorney A. b Mcmillan, not quite one
half Of the lands partitioned for leeal
services rendered and By purchaae.
ION Jlly s. 1907, commissioners we've
appointed to make partition of tie
lands, but there being 450 or moro
claimants and owing to the nature "
the land, they found 1t impracticable
to make division. Before i saie
was ordered. some ninety clAimant6 ~!
|teryened. Decree was entered ii laV1c
Of the intervenors declaring tl,em "a
be the owners of the lands claio "a
BY them and defining the aanonn< Y Is
which each Of the interven0rs NJ: 4.
titled. Appeal was taken. SsssSs
| \The case revolves upon the cunst
tion Of Sections 1887 and 2s3s 81 " q
II Compiled Lava ana whether ~ T,
'Eute 10 intended to be ! statute u
itaticn and repose merely. ~ - ~ ~ s.
i intended to grant affir1nativS
-. =.
CONTINUED On pAea TN s