First Nat. Bank v. Town of Tome
New Mexico Supreme Court
Appeal from District Court, Valencia County; Neblett, Judge. Action by the First National 'Bank of Albuquerque against the Town of Tome. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from District Court, Valencia County; Neblett, Judge. Action by the First National 'Bank of Albuquerque against the Town of Tome. Judgment for plaintiff, and defendant appeals. Title to unallotted lands in Tome Grant passed in common to the community of the town upon confirmation and patent by U. S'. Bond v. Barela heirs, 229 U. S. 492; U. S. v. Sandavol, 167 U. S. 278. Under laws of Spain and Mexico prefects had no power to make grants of public land'. Ohm. v. San Francisco, 92 Cal. 451; Rio Arriba L. & C. Co. v. TJ. S., 167 TJ. S. 298; Crespin v. TJ. S. 168 TJ. S'. .217; Bergere v.…
1Opinion of the Court
OPINION OF THE COURT.
IiANNA, C. J.
(after stating the facts as above). The first point presented by the brief of appellant is that the title to the unallotted lands of the Tome grant remained in the crown of Spain, subject to future granting by the king and by succeeding sovereignties, and passed in common to the community of the town of Tome by confirmation and by patent of the United States. The Tome grant was made in the year 1739, and confirmed by act of Congress in the year 1858. The Supreme Court of the United States, in the case of Bond v. Barela’s Heris, 229 U. S. 492, 33 Sup. Ct. 809,…
2Cases cited9 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Fraser v. State Savings BankNew Mexico Supreme Court · 1913
- Fox v. HaarstickSupreme Court of the United States · 1895
- Gonzales v. RossSupreme Court of the United States · 1887
- United States v. SandovalSupreme Court of the United States · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Roswell, N.M. v. Mountain States Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 1935
- Marquez v. PadillaNew Mexico Supreme Court · 1967
- Floersheim v. Board of CommissionersNew Mexico Supreme Court · 1922
- H. N. D. Land Co. v. SuazoNew Mexico Supreme Court · 1940
- Bradford v. ArmijoNew Mexico Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.