Blain v. Staab
New Mexico Supreme Court
Error from a judgment for plaintiff to the District Court of Santa Fe County. Statement of the case by the court, In August, 1871, Luis Gold and Julian Perea, then being the owners of certain adjoining lands on the southerly side of San Francisco street, in the city of Santa Fe, united in a contract by which, for one dollar, they bargained and sold to the .probate judge of the county of Santa Fe, as agent-of the city of Santa Fe, “for the use and purposes of the people of…
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Error from a judgment for plaintiff to the District Court of Santa Fe County. Statement of the case by the court, In August, 1871, Luis Gold and Julian Perea, then being the owners of certain adjoining lands on the southerly side of San Francisco street, in the city of Santa Fe, united in a contract by which, for one dollar, they bargained and sold to the .probate judge of the county of Santa Fe, as agent-of the city of Santa Fe, “for the use and purposes of the people of the county of Santa Fe ^nd the city of Santa Fe in said county, and to be used and owned by them as a public street,…
1Opinion of the CourtMchflLLAN, J.
The civil law of Mexico .was the law in force in the Territory of New Mexico at the time of the execution and delivery of the contract made by Gold and Perea setting apart the lands and premises in question for the uses and purposes of the people of the city and county of Santa Fe, and to be used by them as a public street. This contract must, therefore, be tested by the rule which obtained in such matters under the civil law. McCracken v. Hayward, 2 How. 612.
Civil law: servitude. It is true that the sovereignty and title of the Territory continued in all streets, roads, alleys and public…
2Cases cited4 opinions
- McCracken v. HaywardSupreme Court of the United States · 1844
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Wheeler v. . ClarkNew York Court of Appeals · 1874
- Westlake v. . KochNew York Court of Appeals · 1892
3Cited by2 opinions
- Moore v. FreemanNew Mexico Supreme Court · 1954
- Eagle Tail, Inc. v. OrrisNew Mexico Supreme Court · 1962