Hayes v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This action was begun by appellant Hayes to obtain the confirmation of an alleged complete and perfect title to a tract of land of the area of 130,138.98 acres, situated in the coúnty of Socorro, Territory of New Mexico.
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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This action was begun by appellant Hayes to obtain the confirmation of an alleged complete and perfect title to a tract of land of the area of 130,138.98 acres, situated in the coúnty of Socorro, Territory of New Mexico. In his petition Hayes averred that his alleged title was derived by mesne conveyances through. one Antonio Chavez, to :whom, on March 3, 1825, while the land was a, -part “ of the public domain of the Republic of Mexicof a grant was made of the tract in question by the governor and depart-' mental assembly “ of the Territory, of…
1Opinion of the Court
¥r„ Justice White,
after making the foregoing statement, . delivered the opinion of the court.
The main question presented by the contention of the parties is as to the power of the territorial deputation of New Mexico, in the spring of 1825, to make grants of public lands situated within the boundaries of that territory. We therefore pretermit an examination of the controverted issues as to possession in order to first address ourselves to the fundamental legal question upon which the decision of the cause substantially depends. To understand the issue to be considered it is necessary to…
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