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Tacubaya Grant

by J. J. Bowden

On February 3, 1843, the same day that they and their other associates applied for the Mesita Blanca Grant, Francisco Provincio, Juan Silva, Vicente Roibal, Benito Varela, Marcelino Ortiz and two other persons petitioned the Ayuntamiento of Santa Fe for a grant covering a tract of land known as El Tacubaya. The Ayuntamiento granted the premises to the seven petitioners on the following day and directed the Alcalde of Santa Fe Jose Fernando Sena, to place them in legal possession of the concession. In compliance with the order. Sena, on February 5, 1843, delivered possession of the premises to the grantees and designated the following natural objects as its boundaries.

On the north, by the point of the hill known as Gavilanes; on the east by _____________; on the south, by the Alta de la Jara; and west, by the lands of Domingo Fernandez.

Acting Governor Juan Andres Archuleta approved and confirmed the proceedings on February 7, 1843­.

Agapita Sena, the owner of an interest in the grant by inheritance and purchaser filed suit[1] in the Court of Private Lane. Claims on March 3, 1893, in an effort to obtain the recognition of the grant. The government filed a general answer putting the allegations contained in the plaintiff’s petition in issue.

The defective description; inability to produce the grant papers, doubt that Acting Governor Fernandez had authority to confirm an invalid grant made by the Ayuntamiento, and the fact that the grant was located entirely within the boundaries of the Domingo Fernandez Grant which had previously been confirmed[2] and patented, prompted Sena to announce that he no longer wished to prosecute his suit when it came up for trial on May 17, 189. As a result of this action the court dismissed his petition and rejected the grant.[3]

[1] Sena v United States No. 239 (Mss., Records of the Ct. Pvt. L. Cl.).

[2] Act to Confirm Certain Private Land Claims in the Territory of New Mexico Chapt. 167, 12 Stat. 71. (1860).

[3] 3 Journal 205 (Mss., Records of the Ct. Pvt. L. Cl.).