Sena v. United States

This was a petition for the confirmation of a tract of land in the county of Santa F e, New Mexico, known as the Jos e de Leyba grant, which has never been officially surveyed, but is estimated to contain about 18,000 acres.

After filing the petition, it was found there were a number of persons holding portions of the tract sued for under a claim of title adverse to the grant; and, upon motion of the United States, requiring these adverse claimants to be made parties defendant, the original petition was amended, and two of these, the American Turquoise Company and one McNulty, joined with the United States in defending the case.

The court disallowed the claim upon the ground that the evidence did not show a perfect grant, inasmuch as there was no evidence of a compliance with the royal ordinance of 1754, which provided that all grants subsequent to 1700 must be confirmed as a prerequisite to their validity; and that, if it were an imperfect grant, it should, under the act creating the court of private land claims, have been filed within two years from the taking effect of the act, and was therefore barred.

Since the decree of the court of private land claims, certain additional evidence has been discovered, tending to show possession of the land covered by the grant for a long period subsequent thereto, and which, it is now insisted, supplies the defects which caused the rejection of the grant.

Messrs. Frank W. Clancy, and H. S.C.lancy for appellant.

Messrs. Matthew G. Reynolds, William H. Pope, Edward L. Bartlett, James W. Vroom, and Solicitor General Richards for appellee.

Mr. Justice Brown delivered the opinion of the court: