Legal Opinion

Maese v. Herman

Supreme Court of the United States

Decided January 6, 1902No. 226PublishedCited by 13 opinions

APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This is a bill in equity brought in the Supreme Court of the District of Columbia, praying for an injunction against respondents from issuing a patent to the town of Las Yegas, New Mexico, of the lands in the Las Yegas private land grant, -or, if a patent has issued, to declare it to be void, or if a patent has not issued, to direct one to issue “ to' all of said' lands, to the heirs, legal representatives and…

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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This is a bill in equity brought in the Supreme Court of the District of Columbia, praying for an injunction against respondents from issuing a patent to the town of Las Yegas, New Mexico, of the lands in the Las Yegas private land grant, -or, if a patent has issued, to declare it to be void, or if a patent has not issued, to direct one to issue “ to' all of said' lands, to the heirs, legal representatives and assigns of the said Juan de Dios Maese, Manuel Duran, Miguel Archuleta, José Antonio Cassaos, and those who were…

1Opinion of the CourtJustice McKenna

The first and second grounds of demurrer are substantially the same, or depend upon the same arguments. Of the second ground the courts below took different views, the Supreme Court holding that the town of Las Yegas was not and the Court of Appeals holding that the town was a necessary party.

As stated in the bill, the act of July 22, 1854, in execution of the treaty of Guadalupe Hidalgo, required the surveyor general of New Mexico, under the instruction of the Secretary of the Interior, to investigate and report upon the validity of grants of land from the Mexican government. On September…

2Cases cited1 opinion

  1. Shaw v. KelloggSupreme Court of the United States · 1898

3Cited by13 opinions

  1. Priest v. Trustees of Town of Las VegasSupreme Court of the United States · 1914
  2. American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
  3. Lane v. WattsSupreme Court of the United States · 1914
  4. State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004
  5. City of Las Vegas v. OmanNew Mexico Court of Appeals · 1990

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