Territory of New Mexico v. Persons, Real Estate & Property

Citations

• 12 N.M. 169

Syllabus

<p>SYLLABUS.</p> <p>1. The title to an imperfect Spanish or Mexican grant was at the date of the treaty with Mexico vested in the United States.</p> <p>2. The land court act (Act Cong. March 3, 1891, c. 539, section 10, 26 Stat. 858, [U. S. Comp. St. 1901, p. 770]) provides that the decrees of the court of private land claims are to be defined by survey made under the direction of the Land Department, and prescribes the proceedings for advertisement, objections, etc., and provides for the approval of the survey by the court if it is in substantial accordance with the decree of confirmation. A further provision limits the confirmation of imperfect grants to 11 square leagues. Held, that title to an imperfect grant does not pass out of the United States on the decree of the court of private land claims but only on the confirmation by that court of the survey.</p> <p>3.Until that time the land subject to such a grant cannot be assessed for territorial taxation.</p>