El Nuevo mexicano., 1918-01-17
SYLLABUS OF OPINIONS HANDED
DOWN BY SUPREME COURT MONDAY

". y. rage, appeiihuts W. Dh"fiof
Springer, appellee, No. 1884, Colfaa
county.
The plaintiff, who is appellant In
this court, set up In his complaint
that on the 9TH of April, 1893, he had
an attachment suit in the district
court OF Colfax county against Steph
en- w. Dorsey and wife, the cause @
action arising by virtue of a certain
promissory note in favor of the plant
if and an open account for goods
sold and delivered. That on the date
referred to. the defendant Charles
Springer, promised and agreed that II
the plaintiff would dismiss said at
tachment suit, ne, defendant would
pay the amount due, with interest
from that date, when the plaintif;
pair or satisfied a certain note pre-
viously made by the plaintiff to
Marcy, Greer and Mccarn. Plaintiff
further alleged that on the goth OF
May, 1898, he paid the last mention
ed note and that defendant has re-
fused to pay the Dorsey note first
above referred to. The plaintiff there
fore seeks to recover upon the alleg'
ed promise Of said Springer to pay
the Dorsey note. Defendant, Charles
Springer, filed a general denial.
Upon issue Joined after trial the de-
PENDANT moved for judgment in his
favor which motion was granted ana
judgment rendered in favor OF de-
PENDANT from which this appeal Is
prosecuted.
Judgment Of the court below af-
firmed.
J.. One may avoid the obligation to
a parole agreement by reason of the
statute Of frauds where the petition
fails to show whether 1t is In writing
or not) by setting up the statute by
some proper pleading, or he may
claim the benefit of the statute under
a general denial.
2. An original promise, without
the statute Of frauds, is one in which
the direct and leading object Of the
promissor is to further or promote
some purpose or interest Of his own,
although the identical effect may be
the payment of the debt OF another.
Opinion by Chief Justice Hanna,
Justice Roberts and Justice Parker
%concurring.
Santa Re Railway Case
Royal Jackman, appellant, VS.. The
a., T. & S. f. Try. Co., appellee, No.
2021. Dona Ana county.
The appellant brought suit against
the appellee to quiet title to certain
described real estate. He claimed the
land by virtue of a patent issued by
the land office to 100 acres Of land
which patent be contended embraced
the land in dispute. The patent was
issued to William F. Higgins on June
10, 1892.
Upon issue Joined and trial the
court below, Kade findings OF fact
and stated centAusions of law and en-.
tered judgment for the appellee.
Judgment OF the court below af
firmed.
syllabus BY the Court
l.. Where a railroad company has
complied with the provisions of the
act Of March 9, 1875, rs Stats, 482)
and the secretary of the interior has
approved its profile map, showing its
of way and station grounds and
such approval has been noted on the
plats in the local land office, the
omission of the reservation from the
or final receipt of an entry
man, who settled upon the land after
the rights of the railroad company a
would not operate to give the
patentee title to land which had been
heretofore vested in the railroad
company.
Q. The act of congress, (Act OF
March 3, 1875, IS Stats, 4S2) pro-
vides two methods by which a rail-
road company can acquire ground for
It's rlght-of.way and station grounds.
Under the first section of the act the
r~ight-of-way may become definitely
located, and title acquired by the
actual construction of the railroad
over subtle domain. Under the fourth
the r~ight-of-way and station
yrcArds may be acquired by "a loca-
lion of the road, C2) filing a profile
If it in the local land office, and Cd
he approval thereof by the secretary
If the interior, to be noted upon the
in the local land office.
3. If at the time the railroad company
seeks to appropriate land, which is o
part Of the public lands of the United
States such land is subject to entry
md sale, it is entitled to the benefits
" the act, Notwithstanding that such
and may have been reserved from IN
ny and sale at the date of the pass
Ige of the act of March 8, 1875. The
Itatus of the land at the date the
appropriation is sought controls the
light of the railroad company; not its
Itauts at the date of such a act.
A. The words 'public lands are
lot always used in the same sense.
Their true meaning and effect are 70
determined by the context in
which they are used, and II is the
Iuty Of the court not to give such a
meaning to the words as would qe-
tory the object and purpose Of the
aw or lead to absurd results.
s. The provisions Of Sec. 4 or suca
ct, which requires a railroad COM
any, desiring to avail itself OF the
enefits of such act, to file a profile
( its road, within 10 months after
he location Of any section Of 20 miles
{ its road, is directory, and Q ran
Dad company may file such map, and
ecure the benefits Of the act after
UGH period Of time has elapsed, II i
0 elects, and the fact that it has
ompleted It's railroad does not pre-
emit 1t from obtaining station grounds