Samuel Freeman Miller

“ It is observable that, in the argument of the counsel for the United States in this case, the boundaries of this tract of land are constantly spoken of as outboundaries, within which a smaller quantity of land may be located, as the real grant in this case. This phrase, 'out-boundary,' has its proper use in regard to certain classes of Mexican grants, but it is wholly inapplicable and misleading as referring to the one now under consideration. ”

“ The plaintiff in error insists that, under the Mexican colonization laws in force when the grant was made, not more than eleven square leagues for each petitioner could be lawfully granted. As there were in the present instance but two petitioners, and the land within the boundaries in question is largely in excess of that quantity, the invalidity of the grant has been earnestly and elaborately pressed upon our attention. This was a matter for the consideration of congress; and we deem ourselves concluded by the action of that body. ”

“ It is quite obvious that the ground of relief set out in this bill is that the excess of 265,000, acres lying within the present state of Colorado was included within the survey by fraud, and that this fraud should be remedied. No attempt is made in the bill to assail the remainder of the grant, or to point out any reason why the patent should not be good for all the lands in New Mexico. ”

“ If the Mexican government had no power to grant anything beyond 22 square leagues in either case, the excess of the grant beyond that was void. This objection could as well be taken in an action of ejectment, where no particular 22 leagues had been set apart out of the much larger grant covered by the boundaries, as it could by a bill in chancery to set aside or correct the patent. ”

“ Justice STRONG, in delivering the opinion of the court, said, in regard to the power of courts of equity to cancel private contracts between individuals: 'Canceling an executed contract is an exertion of the most extraordinary power of a court of equity. ”

“ In either case, however, the deliberate action of the tribunals to which the law commits the determination of all preliminary questions, and the control of the processes by which this evidence of title is issued to the grantee, demand that to annul such an instrument and destroy the title claimed under it, the facts on which this action is asked for must be clearly established by evidence entirely satisfactory to the court, and that the case itself must be within the class of causes for which such an instrument may be avoided. ”

“ Armijo, as 'therein expressed,' is as follows: 'The tract of land we petition for to be divided equally between us commences below the junction of the Rayado river with the Colorado, and in a direct line towards the east to the first hills, [about which there does not seem to be much difficulty,] and from there running parallel with said River Colorado in a northerly direction to opposite the point of the Una de Gato, following the same river along the same hills to continue to the east of said Una de Gato river to the summit of the table-land, [mesa;] ”

“ We may add that, after all the research, industry, and ability of special counsel for the government, when the testimony taken in the case to prove these errors, and the record of the juridical possession, have been considered with the best judgment that we can bring to them, we are not satisfied that the survey is in any essential particular incorrect, but, on the whole, we believe that it substantially conforms to the grant originally made by Gov. ”

“ In both there were two claimants under the same grant, who would have been entitled, under the decree of 1824, if applicable to the case, to 22 square leagues; that is, to 11 square leagues each. They were recommended for confirmation by the same u rveyor general, who had investigated the titles, and who was authorized by the statute which created his office to pass upon the extent as well as the validity of the grants. ”