Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-01-04
SUPREME COURT
HAS ADJOURNED
Will Convene Again on Jan.
uary to Close Up for
Good
KENNEDY CASE IS AFFIRMED
Accused Must Hang Unless
Governor Commutes His
Sentence.

|
The territorial supreme court this
| forenoon after disposing of number
of motions, adjourned to January 10,
when under the constitution. the state
supreme court is to convene, providing
the statehood proclamation has been
issued by that date.
| The case of the Territory VS.. Ken
nedy was affirmed Kennedy was
sentenced by Judge Frank w. Parker
! TO be hanged. 1t is understood that
Governor Mills will commute the SEN
| tence to life Imprisonment.
The following two opinions were
! the last to be handed down by the
Territorial Supreme Court.
Case No. 1876 and 1873 The Gale
donian Coal Company, appellant, VS..
Rocky Cliff Coal Mining Company,
and Steven Canavan, appellee. Appeal
from the district court of Mckinley
county.
This case grew out of an a, bitra-
tion contract under which appellee
Gained that the appellant paid for
PIT acres out of the south half nf sec
ton eleven, that by an understanding
between the Railroad Company and
appellant, it was agreed that south
line was a crooked one, so that be-
tween that line and what would have
| been the south line, had section elev-
en- been a square, there We're 103 acres
which the appellant did not pay for,
and that the coal mined by appellee
was taken from the area of 103 acres.
The court found that appellee had
mined and converted to their own use
| 2S,7S9 tons of coal, for which appel
| liant is entitled to recover on the
! basis of twelve and one-half cents
| ton royalty. To this extent the former
opinion of the court is modified and
the judgment of the court below was
affirmed. The opinion is by NJ c.
Mechem, associate justice, Chief JUS
tice w. H. Pope, John R. McFie, as
sociate justice, and E. R. Wright, as
scciate justice concurring.
Case No. 1857, erritory of New
! Mexico, appellee, VS.. Jessie Tudor, ap-
pellant, from Grant county, was af-
firmed.
Preston Beck Grant
Case No. 1888, George w. Stoneroad,
ct ais, appellees, VS.. William P. Beck,
ct ais. The ST. Louis Land and Cat
tie Company, intervenor, appellant
Appeal from the district court of San
Miguel county.
This suit was originally commenced
by certain claimants of an interest in
4 the Preston Beck Grant for the pur-
Ipose of determining the title of the
various persons claiming interest
THEREIN, and obtaining partition of it.
In the year 1908 A. A. Jones was ap-
pointed receiver of the grant and i'm
! mediately entered into possession Of
a large portion of it.
The Preston grant in the southeast
erly quarter, conflicts with the Perea
grant to the extent of several thou
sand acres. The receiver of the Pres
ltcn grant took possession of that por-
ticn which conflicted with the Perea
grant.
Thereafter the ST. Louis Land and
Cattle Company, intervenor and ap-
) pellant, claimed the ownership of the
) land through their title to the Perea
grant. The receiver of the Preston
Beck Grant was confirmed in possess
ion by the district court of San Mi
guel county.
The opinion is long one reviewing
} all the facts and evidence in the case.
1t concludes by saying:
; "The intervenor and appellee hold
| ing by the same act of Congress in
, sofar as their grants conflict or over
: lap, have each an equal undivided
| moiety of the lands within the con-
flict'
For the reasons given the judg.
ment of the lower court will be re-
: versed and the cause remanded for
i further proceedings in accordance
t with this opinion and it is so ordered. "
+ Opinion by M. c. Mechem, associate
| justice, all judges present concurring,
except E. R. Wright and c. J. Rob
, erts, associate justices, not participat.
ing on account of being absent when
the cause was submitted.