Surveyor General Proceedings:

Amended Petition of Claimants - Filed May 15, 1885 by Attorney Samuel Ellison

SANM I, REEL 27, SG 150 Frames 766 to 769:


Clarence Pullen

Surveyor General of New Mexico

Your petitioners Juan Ignacio Tafoya, et als. their heirs and legal representatives, claimants of a certain tract of land situate, lying and being in the County of Bernalillo , in the Territory of New Mexico, known as the Carnuél Grant, respectfully represent that, on the petition of Juan Ignacio Tafoya and others, Facundo Melgares, Governor of the then Province of New Mexico, did, under the Laws and Ordinances of Spain, on the 11th day of February 1819 and the 15th day of March 1819 grant to said applicants the said tract of land, as will appear by reference to the original papers on file in your office (file no. 96 of grants) and that under the said grants of 1819, the grantees therein named were duly placed in possession (juridical) of the lands so granted, as appears in 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, nor do they know of any adverse claim thereto, or any conflicting grant or grants therewith.

Your petitioners further state, that original title papers for said lands, are on file in your office, in archive file no. 1008, a copy of which original papers, marked "A" is now on file in your office in said file no. 96, 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 archives in your office be transferred to and made a part of their said claim.

Your petitioners respectfully refer your honor to original papers in file no. 202, of said archives in your office, from which it appears that the said Carnuél tract, or part of it, embraced in their said claim, was granted in the year 1763, to settlers in said Cañon of Carnuél who were afterward driven therefrom by the hostile Indians and whose grant was annulled, as will appear by said document 202, and the place depopulated and abandoned in the year 1771, under which grant of 1763, your petitioners do not set up any claim to said land, but claim under the grant made to the settlers of the said Cañon de Carnuél in 1819, by Governor Melgares as aforesaid for agricultural and pastural purposes, with all the rights and privileges guaranteed to settlers of the public domain by the then existing laws on the subject.

Your petitioners herewith present a translation of the papers herein before mentioned and referred to as constituting their said claim, and they also herewith present a sketch map of the tract of land 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 being made.

Your petitioners respectfully ask that their claim to said tract of land be investigated and approved by your honor, under the Treaty of Guadalupe Hidalgo and the law of Congress of 22nd of July 1854, enacted to carry out the stipulations and guarantees of said Treaty concerning private land claims in New Mexico.

Some of the claimants by inheritance, to wit: Jose Antoñio Garcia, Salvador Garcia, Nasario Lopez, Nepomuseno Caravajal and some by purchase, Rafael Armijo, Henry Carpenter, Pablo Crispin, and Canuto Sanchez.

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. 766 to 769.


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