Surveyor General Proceedings:

Petition of Claimants - Filed January 20, 1882 by Attorney Samuel Ellison




SANM I, REEL 27, SG 150 Frames 749 to 752:



"1 File 96 Claimants Petition Filed Jan 20, 1882, by Sam Ellison, Atty.

To the Honorable Surveyor General of New Mexico,

Your petitioners, the heirs and legal representatives of the original grantees under a grant or grants from the Spanish government of that certain tract of land lying and being situate in the county of Bernalillo, and Territory of New Mexico, known as the Cañon de Carnuél tract, respectfully ask, that their claim to said premises be investigated and approved by your honor and confirmed by the Congress of the United States, under the Treaty of Guadalupe Hidalgo, and under the Law of Congress of 22nd July 1854, enacted to carry out the stipulations and guaranties [sic] of said treaty concerning private land claims in New Mexico.

Your petitioners respectfully state that the original title papers for the said land are on file in your office, in file of Archives therein No. 1008, a copy of which original title papers Marked A is now on file in your office in File No. 96 of grants, the same having been filed therein, March 15 1871, by and at the instance of your petitioners, they not being then aware, that the original of said copy constituted one of the permanent Archives of your office; and your petitioners ask that said original papers No. 1008, said copy thereof in No. 96 and such other papers relating to said claim as may be found among said Archives in your office, be transferred to, and made a part of their said claim.

Your petitioners refer your honor, to original papers in File No. 202, of said Archives in your office, from which it appears that the land or a part of the land embraced in their said claim was granted in the year 1763, to settlers of said Cañon de Carnuél, who were afterwards driven therefrom by the hostilities of the Indians and whose grant was annulled and the place depopulated and abandoned in the year 1771, under which grant of 1763 your petitioners do not here set up any claim to said premises. But your petitioners claim under the grant to the settlers at said Cañon de Carnuél by Facundo Melgares, Governor of New Mexico, under the Crown of Spain, on the 11th day of February 1819 and 15th day of March 1819 as appears from said original papers in said file No. 1008, and under which grants of 1819, the grantees therein named were regularly given the possession of the lands so granted, as will appear from said papers, and of which lands they and their heirs and legal representatives have been and continue in peaceable and quiet possession and enjoyment to the present time.

Your petitioners herewith present a translation of the papers heretofore mentioned and herein before referred to, constituting their said claim, and they also herewith present a map of the premises claimed as aforesaid made with as much accuracy as is practicable for your petitioners to make such map, without a prior survey of the land.

And your petitioners pray, that your honor take and consider their said claim, according as the same shall seem just and lawful in the light of all the papers herein before mentioned and referred to, relating thereto, and that the premises be surveyed, designated and marked by the government.

And your petitioners will ever pray,

Saml Ellison

Atty for Claimants"



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SOURCE: Spanish Archives of New Mexico I, Microfilm reel 27, Surveyor General #150, "Cañon de Carnuel Land Grant" Fr. 749 to 752.




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