Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1918-12-09
SUIT INVOLVING
TITLE To LAND
BEGUN IN COURT
Entire Eleanor GaIIegoS Grant,
Comprising 35,084,75 acres
Involved a Large Number
of Defendants.

Suit involving title to the bulk OF
the Eleanor Gallegos grant of land
valued at probably s250,OOO, has been
started in the federal court. on the
outcome of the suit rests the fate of
dozens of small farms in the Rio
Grande valley north of Albuquerque,
in addition to thousands of acres of
valuable grazing land. The plaintiff
IN the case is the Mutual Investment
ana Agency company, and the defend
ants number in the neighborhood of
da0 or 400 The object of the suit is
to quiet title.
According to the best Information
optainable, James w. Norment of San
Ia te, in 1912. acquired the grant.
containing 35,0S4.75 acres, by tax
deed. AS part of the grant is occu-
pied it is necessary in order to per-
feet the title, to bring a suit against
all persons now in possession of any
tract or parcel of land within the
limits of the grant, compelling them
TO prove their title thereto. Failure
TO do SO may result in the loss of land
10 those who have been in possession
of it for years.
1t is not the intention to try the
case out of court as the indications
are that several years will elapse be-
fore final decision is reached in the
matter Besides, the case is such a
complicated one that all the evidence
Will have TO be weighed carefully be-
fore decision can be reached. How
eyer, a few interesting points are be-
ing discussed lly-deVelopments
that may result from the filing of the
suit
The grant was sold in 1912 for de-
linquent taxes for the year 1908. It
has been pointed out that if any hold
er of tract of land had not paid his
taxes for that year, it is entirely with
in the range of possibilities that he
stands to lose his land. This conclu-
sion is based upon the assumption
that if the tax deed is held valid by
the court. the holder of the deed will
be awarded all land in the grant on
which taxes for 1905 We're not paid.
The theory has also been advanced
that farmers may lose parts of their
present holdings. In some parts of
the state, it is claimed, there has been
n disposition on the part of taxpay-
ers to turn in to the assessor less
property than they actually owned. If
land holder within the confines of
the Eleanor Gallegos grant turned in
20 acres in 1908, when he was actual
~ in possession of 40 acres, the court
may hold that the taxes were delin-
quent on the 20 acres not listed on
the assessment rolls, and on which
taxes were not paid, and, award this
acreage to the holder of the tax deed |
1t is not known, of course, if this con-
dition exists with reference to the
tracts of land in question. This was
merely pointed out as an irregularity
that might be encountered when the |
matter is thoroughly delved into. !
The total acreage included in the |
grant, now held by farmers in the |
valley, is not known for certain. Es- |
Inmates range from 1000 to 1000 |
acres. Even if this acreage is excluded |
in its entirety from the total number |
of acres included in the tax deed, /
more than 10000 acres still remain /
for the court to determine the owner
ship of.
Norment, the original purchaser of
the tax deed, is said to have transfer
red his entire interest in the matter
to the Mutual Investment and Agency
a concern incorporated in
the state of Arizona, which made it
possible for suit to be brought in the
federal court. 1t could not be learned