Summary

Portrait of Henry Billings Brown Henry Billings Brown Pueblo of Zia v. United States…

The granting clause is not in the usual form of a grant of vacant lands to the grantee for cultivation and pasturage upon condition of actual possession for a number of years. Nor are there any words indicating an intention to pass a fee simple, such as found in some of the Spanish grants, 'para adquirir l egitimo derecho de propiedad y senorio' ('in order to acquire legitimate right of property and dominion') . These words, 'propiedad y senorio,' carry the idea of complete ownership, and seem to be practically the same as the words 'fee simple' under the common law.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Pueblo of Zia v. United States…

There is nothing in any of these instruments to indicate that the pueblos desired, or that the governor intended to grant, anything beyond a common, whereon the inhabitants of the pueblos might pasture their stock in conformity with ancient usage. When it is considered that the valley was already used as a pasture ground for the horses of the royal garrison, it is to be inferred that the rights of these pueblos were practically the same as those of the royal garrison, and were not intended to involve a conveyance of a fee of the land.
Source: Wikisource

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