Legal Opinion

Rio Arriba Land & Cattle Co. v. United States

Supreme Court of the United States

Decided May 10, 1897No. 195PublishedCited by 11 opinions

APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This was a petition by the Rio Arriba Land and Cattle Company filed in the Court of Private Land Claims for the confirmation of what was commonly called the Cañón de Chama Grant, situated in Rio Arriba County, New Mexico, and alleged to contain 472,763.95 acres.

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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. This was a petition by the Rio Arriba Land and Cattle Company filed in the Court of Private Land Claims for the confirmation of what was commonly called the Cañón de Chama Grant, situated in Rio Arriba County, New Mexico, and alleged to contain 472,763.95 acres. It appeared that in 1806 a petition was addressed to the governor of the Territory, Alencaster, as follows: “ I, Francisco Salazar, ensign in the militia of Abiquiu, together with my brothers (hermanos) and twenty-eight other poor and needy citizens, appear before your excellency (and…

1Opinion of the CourtChief Justice Fuller

Assuming, but without in any manner deciding, that Governor Alencaster had full power to make the grant in any quantity and in any manner he saw proper, we think it clear that he did not, and did not intend to, make a grant of nearly half a million of acres-to the original applicants, in common, and that the alcalde did not so understand it, and did not attempt to deliver juridical'possession of such á tráct, but only of the various allotments that were made to petitioners in severalty. The petition simply mentioned a tract called the Chama Eiver Canon, and the governor directed the alcalde…

2Cases cited2 opinions

  1. Botiller v. DominguezSupreme Court of the United States · 1889
  2. Astiazaran v. Santa Rita Land & Mining Co.Supreme Court of the United States · 1893

3Cited by11 opinions

  1. Hayes v. United StatesSupreme Court of the United States · 1898
  2. Merrifield v. BucknerNew Mexico Supreme Court · 1937
  3. Ainsa v. New Mexico & Arizona RailroadSupreme Court of the United States · 1899
  4. H. N. D. Land Co. v. SuazoNew Mexico Supreme Court · 1940
  5. Crespin v. United StatesSupreme Court of the United States · 1897

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