City of Socorro v. Cook

Citations

• 24 N.M. 202
• 173 P. 682

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The Socorro grant, being a grant of certain lands for the use and benefit of the inhabitants of the settlement of Socorro, was confirmed by Congress and determined by the court of private land claims to be a, valid grant. The confirmatory act made no provision for a trustee to execute the trust. By chapter 77, Laws 1893, the Legislature of the territory of New Mexico named the city of Socorro and one Candelario Garcia cotrustees, and provided a certain procedure before the city council of the city of Socoro, for the purpose of determining the question as to the legal title to lands occupied and claimed within the limits of the grant, and also a procedure by which other lands might be allotted and sold to private individuals. Appellant’s predecessor in title complied with all the provisions of the act, and the city council, as trustee, 'determined that such party was entitled to a deed to the lands in question in, this suit. Twenty years later the city, by this action, sought to establish its right to a portion of the lands so conveyed to appellant’s predecessor in title, under a claim now asserted that such lands, at the time of such determination and conveyance by the trustee, had been dedicated to the public for use as a public plaza. Held, that the city council of the city of Socorro, having been created a special tribunal by the Legislature for the purpose of investigating and determining who were entitled to deeds to lands within the limits of the grant, and after due notice and investigation, in pursuance of said act, had adjudged that appellant’s predecessor in title was entitled to a deed for the premises in question, which was executed and delivered in pursuance of said finding, and no direct proceeding having been instituted by the city or by any one in its behalf to test the right of such claimant or his title to such lands within 12 months after the passage of the act or the assertion of said claim, as authorized and l