by J. J. Bowden
A suit[1] was filed by Joseph Torres on March 3, 1893, against the United States in the Court of Private Land Claims for the confirmation of the Jose Antonio Torres Grant. The basis of the claim is found in the expediente[2] of the grant which was among the archives turned over to the United States upon its acquisition of New Mexico. From this expediente it appears that on March 8, 1735, Jose Antonio Torres, being on the point of marriage appeared before Acting Governor Juan Páez Hurtado and registered a tract of land located on the north bank of the Chama River and “close to those of Bartolome Trujillo.” He stated that while his father, Diego Torres, had a small tract of land which he had offered to give him as his inheritance, such tract due to the fact that he had so many brothers would not be large enough to support both him and his proposed wife, let alone their plans for a large family. He estimated that the requested tract contained half a fanega of corn planting land and was bounded:
On the west, El Rito del Colorado (which formed the eastern boundary of Bartolome Trujillo’s land); on the north, the lands of Captain Antonio de Ulibarri; on the east, the lands of Ventura Mestas; and on the south, the Chama River.
Hurtado stated that he had recently received a similar application from Francisco Trujillo for a piece of land to support his family. Therefore, he would issue the grant provided Torres would give one-half of the land to Trujillo and conditioned further upon their settling upon the land within the time prescribed by law. Torres readily agreed to these conditions. Whereupon, Hurtado issued the grant and directed the Alcalde of Santa Cruz to place the grantees in possession of the premises. While the expediente did not show that possession had ever been delivered, Torres alleged that the necessary ceremony had been performed by the Alcalde of Santa Cruz on March 28, 1735. The area of the grant was estimated to be at least 5,000 acres. The government filed its answer on December 29, 1896, putting in issue the allegations contained in the plaintiff’s petition together with the affirmative defense which pointed out that the expediente showed on its face that the grant had been recalled by Cruzat.
Since the plaintiff’s action was based on facts substantially similar to those involved in the Garcia case,[3] wherein the court rejected the Juan Esteban Garcia de Noriega Grant. On June 15, 1898, Torres notified the court that he no longer wished to prosecute his action. Therefore, the court on the same date, dismissed his petition and rejected the claim.[4]
[1] Torres v. United States, No. 255 (Mss., Records of the Ct. Pvt. L. Cl.).
[2] Archive No. 955 (Mss., Records of the A.N.M.).
[3] Garcia v. United States, No. 254 (Mss., Records of the Ct. Pvt. L. Cl.).
[4] Journal 403 (Mss., Records of the Ct. Pvt. L. Cl.).
Jose Antonio Torres Grant; J.J. Bowden’s research on land grants;