Joseph McKenna

“ The ground of appellants' petition, therefore, is that they possess a perfect title established by the suit and decree referred to which entitled them to a deed from the trustees under the act of the legislative assembly of March 12, 1903. Laws of New Mexico, 1903, p. 72. That act becomes a factor for consideration. By it the district court of San Miguel county is vested with jurisdiction to manage, control, and administer the land grant. In the exercise of such jurisdiction power is conferred to appoint a board of trustees from among the residents upon the grant. ”

“ The supreme court could not, it was further contended, go outside of the record, and of its own motion raise the issue as to the sufficiency of the service upon the defendants, that issue being in express language excluded by appellees from the court's consideration. The answer is immediate. We know of no rule which precludes an appellate court deciding a case for other reasons than those expressed by the trial court, and the contention that the sufficiency of the service was withdrawn from the consideration of the court by appellees is not justified. ”

“ Action for mandamus brought by appellants in the district court of the county of San Miguel, then in the territory of New Mexico, against appellees as trustees of the town of Las Vegas, to require them to execute a deed or deeds to the property described in the petition. The appellees filed an answer to the petition and also a counterclaim. Those papers set out the history of the Las Vegas grant, preceding and subsequent to its confirmation by the act of Congress hereinafter referred to and the final patent to the town. ”