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PEABODY v. UNITED STATES.

decided: January 8, 1900.

PEABODY
v.
UNITED STATES.



APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS.

Author: PECKHAM

[ 175 U.S. Page 546]

 MR. JUSTICE PECKHAM delivered the opinion of the court.

This is an appeal from a judgment of the Court of Private Land Claims dismissing the petition of the appellant and rejecting his claim to some 114,000 acres of land in the Territory of New Mexico, on the ground that it had not been sustained by satisfactory proof.

The petitioner in the court below in his petition for confirmation of the grant stated that on the 23d of February, 1824, Jose Rafael Samora, a citizen and resident of Ojo Caliente, on behalf of himself and twenty-five other persons, citizens of the Republic of Mexico, and residents of said district in the Territory of New Mexico, presented his petition for a grant to them of the tract therein described and called the Vallecito de Lovato, and the appellant's petition alleged that the governor granted the prayer, made the grant of land therein asked for, and directed the alcalde to place the grantees in possession, and that on September 22, 1824, the alcalde did place the grantees in juridical possession of the land, and executed his certificate thereof, which was presented to and

[ 175 U.S. Page 547]

     approved by the governor and delivered to the grantee, Jose Rafael Samora, for himself and his associates.

Various other facts were set up in the petition to show title in the petitioner, which it is not necessary to state.

The answer of the Government put the facts in issue, and the case duly came on for trial.

The following papers were put in evidence on the trial by the appellant:

(1.) "Translation of Muniments.

"Hon. constitutional alcalde of Abiquiu, Francisco Trujillo:

"I, Jose Rafael Samora, citizen and resident in the district of Ojo Caliente, together with twenty-five individuals of the same district, appear before you with the greatest respect and humility and in due form of law, and state, sir, that there being sufficient land in the Vallecito of Lovato to give us in possession we now ask that in the goodness of your heart you grant us the same, for we have not any place wherein to plant grain for harvesting, whereby we think the others, the residents of said district, will receive no injury.

"Wherefore we humbly request your honor, as our protector and as a lover of our country, to grant us said possession, whereby ...


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