Summary

Portrait of Henry Billings Brown Henry Billings Brown Whitney v. United States (167 U.S. 529…

The only weight that can be given to them is that of a general reputation that the lands upon the Ca nada de Capulin were considered and treated as crown lands, over which the Cochiti Indians and other residents of the neighborhood had some indefinite rights of pasturage. As these lands were within the asserted grant to Lucero, it is somewhat singular that he made no resistance to the claim of Romero, put forward no title in himself, and left the litigation to be carried on by the natives and other residents of that neighborhood, who were allowed to pasture upon these lands as crown lands.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Whitney v. United States (167 U.S. 529…

The court below was of opinion that this proceeding was wholly void; that it was in the nature of a case against the crown; that the effect of it would be to create evidence to deprive the crown of title to its land; and that alcaldes had no jurisdiction of that kind. We do not find it necessary, however, to determine this question, since, so far as we can judge, this testimonio, or official copy, does not differ in any essential particular from the original, except so far as making more definite the westerly boundary of the grant at Sierra de Jemez.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Whitney v. United States (167 U.S. 529…

Other ancient documents offered by the claimants may be laid out of consideration. They consist principally of conveyances, to some of which members of the Lucero family were parties, but the descriptions of the lands are too uncertain to afford any definite information upon the extent of the grant, or even of what was claimed by Lucero in that connection.
Upon the whole, we have come to the conclusion that the claimants have not made out their case by a fair preponderance of evidence, or such weight of testimony as is necessary to establish their title to this large tract of land.
Source: Wikisource

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