Dugan v. Montoya

Citations

• 24 N.M. 102
• 173 P. 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. By act of July 22, 1854 (Act Cong. July 22, 1854, c. 103, 10 Stat. 308), sections 16 and 36 of each township in the territory of New Mexico were reserved for the purpose of being applied to schools in said territory. By act of July 27, 1866 (Act Cong. July 27, 18g6, c. 278, 14 Stat. 292). Congress provided for the incorporation of the Atlantic & Pacific Railroad Company, which said corporation proposed to build a railroad through the then territory of New Mexico. Section 2 of the act gave the said railroad company a right of way through the public lands of the United States, “including all necessary grounds for station buildings, workshops, depots, * * * switches,” etc. On January 15, 189], (Act Cong. Jan. 15, 1891, c. 73, 26 Stat. 718), an act was passed for the relief of the inhabitants of Gallup, N. M., which said act authorized the probate judge of Bernalillo county to enter in trust for the occupants and inhabitants of said town, for town-site purposes, the southeast quarter of section 16, township 15 north, range 18 west, subject to the provisions of sections 2387, 2388, and 238,9 of chapter 8 of the Revised Statutes of the United States (U. S. Comp. St. 1916, §§ 4791-4793). Pursuant to- this act the probate judge of Bernalillo county, on June 17, 1891, applied to enter said land. Application was made for the full quarter section. The receiver issued to said probate judge a final receipt, which had noted thereon that it was “subject to the station grounds and right of way of the Atlantic & Pacific Railroad Company, containing 27.72 acres of land, as shown by survey map on file in this office.” The patent excepted such station grounds, containing 27.72 acres, frota the operation thereof. In, 1884 the Atlantic & Pacific Railroad Company filed with the secretary of the interior a map showing its claim to said station grounds.</p> <p>Held, (a) that the relief act of January 15, 1891, did not grant to the probate judge of Bernali