Jones v. St. Louis Land & Cattle Co., 232 U.S. 355 (1914)

Jones v. St. Louis Land & Cattle Company

No. 203

Argued January 27, 1914
Decided February 24, 1914
232 U.S. 355

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

The Act of June 21, 1860, expressly reserved the adverse rights of parties to the Mexican and Spanish grants confirmed thereby and provided that the confirmations should only be considered as quitclaims and relinquishments on the part of the United States.

The Act of June 21, 1860, confirming Mexican and Spanish grants, was intended to be a discharge of the obligations of our treaty with Mexico and a confirmation of existing rights as they existed; it was not a gratuity like the railroad land grant acts, nor are overlapping rights in grants confirmed thereby to be shared equally as overlapping railroad grants are shared. Southern Pacific R. Co. v. United States, 183 U.S. 519, distinguished.

Where two grants confirmed by the Act of June 21, 1860, overlapped, the rights of the owner of each as against the other were reserved by the act, and the judicial inquiry extends to the character of the original concessions, and the court must determine which gave the better right to the disputed premises.

In this case, held that, of two overlapping Mexican grants, both confirmed by the Act of June 21, 1860, the earlier grant was in all of its steps prior to the other grant, and included all of the overlap.

A survey was necessary to the accurate segregation and delimitation of a Mexican grant confirmed by the Act of 1860. Stoneroad v. Stoneroad, 158 U.S. 240.

The facts, which involve the title of the parties to certain Mexican land grants, are stated in the opinion.