United States v. Elder

The alleged Mexican grant which forms the subject of this controversy relates to a tract of land situate in the county of Taos, New Mexico, embraced in what is designated as the Cebolla grant. The asserted grant was presented in 1872 for confirmation to the surveyor general of New Mexico, under the act of July 2, 1854, by John T. Graham and William Blackmore, who averred that they possessed a perfect title to the land covered by the grant, by reason of mesne conveyances from the original grantees. This claim so presented was favorably reported to Congress, but it does not appear that any action was taken thereon. Upon a survey made by the direction of the General Land Office in November, 1877, the area embraced in the alleged grant was declared to consist of 17,159.57 acres. The controversy now here for review was commenced by proceedings instituted in the court of private land claims to obtain a confirmation of this alleged grant. The petition to that end was filed on February 18, 1893, on behalf of the present appellees, who asserted that they were the owners of the Cebolla tract by purchase from the heirs and assigns of the original grantees. The alleged grant was asserted to have been made on December 31, 1845, by Manuel Armijo, governor of New Mexico, and the papers claimed to evidence such grant, as translated, are reproduced in the margin.

It was averred in the petition with respect to the survey above referred to, that it was not made in accordance with the boundaries set forth in the grant, but was 'of a different portion of land, a part or all of which is included in the said grant.' The court of private land claims entered a decree (Murray, J., dissenting) defining the boundaries of the tract covered by the claim as allowed, and confirming title thereto in 'the heirs and assigns of said five original grantees and to their heirs and assigns.' The United States thereupon appealed to this court.

Messrs. Matthew G. Reynolds, William H. Pope, and Solicitor General Richards for appellant.

Mr. T. B. Catron for appellees.

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court: