Sena v. American Turquoise Co.

Citations

• 14 N.M. 511
• 98 P. 170

Syllabus

<p>SYLLABUB.</p> <p>1. A Spanish Grant made in 1728 by the Governor ana Captain General of New Mexico, and not shown to have been confirmed by a Spanish official, is an imperfect grant — that is, one requiring further action of the ¡political authorities to its perfection, recognition of which is forbidden ¡by Act of Cong. March 8, 1891, c. 549, sec. 12, 26 Stat, (U. S. Comp. St. 1901, p. 772) in the absence of a proceeding within two years for establishment of its validity — the Royal Regulation of th«. King of Spain of October 15, 1753, sec. 3, providing that all ■persons holding grants -made after 1700 should exhibit their title to the proper officer; for confirmation, and that failure* so to do should result in their being deprived of and ejected from such lands, and grants of them being made to. other persons, and section 12, conferring the confirmatory power on the Governors of distant provinces, acting under the advice of certain other officials as to land therein.</p> <p>2. The evidence of possession, being otherwise entirely insufficient to raise the presumption of confirmation of an imperfect Spanish Grant, made in 1728, is not rendered sufficient by evidence that in 1783 the son of the grantee devised the land, that in 1834 the grantee’s grandson deeded it, and that in 1885 .another person in such chain of title pledged the property.</p>