Monday, July 22, 2013

Teresa Herrera y Sandoval Vs Maria Leyba y Mendoza ~ Lands Santa Cruz 1706

I, Teresa de Herrera y Sandoval, a resident of la Cañada, appear before you… I have placed on sale a piece of land which I acquired as a dowry from my father. I transferred it by deed which was executed before your in favor of Diego Xiron, from whom I received the sum of 50 pesos in a pair of blue serge skirts and a silk shawl; and in order to complete the sale and contract, the said Diego Xiron, still owed 50 pesos which he agreed to deliver to me at the beginning of this present month of March.  Since he has failed me in this said contract I should be able to and can annul the sale and deed, brining my suit before the court both as regards to the above point and because it was not the liking of my superiors and as Maria de Leyba is filing a petition to have the said piece of land vacated so she can occupy it, I appeal to her to agree to postpone it until two years from now.  I will lend her lands in which she can plant, because my father, don Tomas de Herrera y Sandoval, had rented the said piece of land to Francisco de Ribera prior to the said sale. 

In consideration, I ask and request, to agree to my plan so the aforesaid woman can agree to my plan and if she does not, to order that the balance due me be paid for it is justice that I ask.  Signed Teresa de Herrera (rubric)

At Santa Cruz on March 4 1706, I Roque Madrid, Maese de Campo, Alcalde Mayor of this villa, so sign with two witnesses who are:  Francisco de Ribera and Juan de Medina Ortiz

I, Maria de Leyba y Mendoza, resident of Santa Cruz, appear before you in accordance with the petition of Teresa de Herrera y Sandoval that I challenge and re-challenge it from the first point to the last for the reason that her allegation is malicious; it is evident from the deed of sale which I have in my favor that it was executed and signed by don Tomas de Erera y Sandoval, father of the said Teresa and shows that he had the consent of the said Teresa and also that of her superior.  It is also known that since the contract was executed she has been using the articles as her own. 

As to the point that my husband still owes her 50 pesos it is not recorded in said deed and there in great malice in these statements and have stated the amount was also 40 pesos.  Why did they not demand security for the said amount in life or in death and also specify the time in which it had to be paid.  They had plenty of time from the time of November when it was executed until the 17th of said month, when royal possession was given my husband to have obtained security from my husband for all that they now claim.  They waited until my husband was absent so they could take it away from me.  I do annul her petition as it is not signed according to law, because she signed for herself even though she does not know how.

With regard to her statement that she appealed to me for an agreement in the first place, it was not that way at all.  Considering that I had children, I went to the house of don Tomas de Erera to request him to lend me some land so I could plant, for all of which he treated me with contempt without taking into consideration that I am a married woman and have a clear conscience, telling me that he had nothing to give me on which to plant, that if I planted or never planted his word has been given that the lease was to continue. I answered him that I would take my children to his house so he would support us and he answered that I was to go to my mother for support.  For this reason, I present this deed before your Honor.

With regard to her saying that I agreed to her plan, I do not accept any plan, as I had asked don Tomas de Erera for the same and he did not want to do so. If it is to their advantage to rent it, they should have seen it in time so the deed would not have been executed. I cannot afford to wait for two years so that my children can eat.  If my husband should die I will deliver it when the time comes and if he doesn’t, let he wait until he returns.

I ask that the deed be complied with in full, I swear in due form that this is my petition. Maria de Leyba, wit/ Jose de Atienza.

On March 9 1706, Roque Madrid asks for a response.  (continued)

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 401, Rell 3, Frames 66-78
©Henrietta M. Christmas

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