Legal Opinion

Zia v. United States

Supreme Court of the United States

Decided November 15, 1897No. 5PublishedCited by 10 opinions

APPEAL PROM THE COURT OP PRIVATE LAND CLAIMS. This was a petition by the Pueblos of Zia, Santa Ana and Jemez for the confirmation of what is known as the Ojo del Espiritu Santo grant, containing about 382,849 acres.

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APPEAL PROM THE COURT OP PRIVATE LAND CLAIMS. This was a petition by the Pueblos of Zia, Santa Ana and Jemez for the confirmation of what is known as the Ojo del Espiritu Santo grant, containing about 382,849 acres. The testimonio, or official copy of the proceedings, opens with the following petition to the governor and captain general, presented in 1766, by Felipe Tafoya, as the agent of these pueblos: “ His excellency the governor and captain general: “ I, Felipe Tafoya, lawyer of this town of Santa Fé, appear before your excellency in full legal form, for and in the name of Cristo val,…

1Opinion of the CourtJustice Beowit

The main question in this case is whether the language of the documents, which make up the testimonio, indicates anything more than the grant of a right to these pueblos to pasture their cattle upon the lands in question — a right somewhat akin to the right of common under the English law, and one which appears to' have been frequently granted under the Spanish law. United States v. Huertas, 8 Pet. 475; United States v. Davenport's Heirs, 15 How. 1.

The words of the several documents set forth in the testi-monio certainly favor this interpretation: Thus, in the petition, there is no…

2Cases cited4 opinions

  1. United States v. ClarkeSupreme Court of the United States · 1834
  2. Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
  3. United States v. Samuel Davenport's HeirsSupreme Court of the United States · 1853
  4. United States v. HuertasSupreme Court of the United States · 1834

3Cited by10 opinions

  1. Fleming v. GoodwinCourt of Appeals for the Eighth Circuit · 1948
  2. United States v. 1,960 Acres of LandDistrict Court, S.D. California · 1944
  3. Kruszewski v. United StatesCourt of Appeals for the Seventh Circuit · 1947
  4. George Washington v. United StatesCourt of Appeals for the Eighth Circuit · 1964
  5. Fleming v. Peoples Natural Gas Co.District Court, W.D. Pennsylvania · 1948

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