Friday, July 26, 2013

Teresa Herrera y Sandoval Vs Maria Leyba y Mendoza ~ Lands Santa Cruz 1706 (3)

I, Maria de Leyba y Mendoza, come before you and I say, that if she is married and did not have the consent of her superior, which it is evident, she did have; and besides this as her superior because she admits that she had used the articles and when they were before his very eyes he did not ask where they came from? And if he did not know that they came from the contract, why did he not immediately say that it was not his wish to sell the lands?  Instead it was allowed to take its course and now they have recognized that what I ask is just.  In addition, don Tomas, her father, is not a minor, nor has he any superior.  For this I ask the document be executed in my favor.

With regards to having appealed to me for an agreement, why does she not answer the point that I made in my statement, that her father ill-treated me?  There is no need to go to the wives with fine-sounding phrases to ask them how much was owed by their husbands, and in case they should answer, whatever they say will be referred to what is stated in the promissory notes or deeds that the man names, because it is well prove that women do not fully know about the trades made by their husbands but the husbands do know everything that goes on inside their homes.

In regards to the fact that I deny the debt, I have fully explained myself in this document.  In a conversation with Domingo Martin, I did not say that it was 50 but 40, outside of which as I have said, I do not know whether they had another agreement with my husband – why did they not get assurance in writing?  … Maria de Leyba

On March 15, 1706, I order that don Tomas de Erera come before me.  Asked if it was true he had executed the deed of sale for a tract of land which head sold to Diego Xiron, he said it was true that he had executed and signed it; likewise if it is true that his daughter Theresa de Herrera y Sandobal gave him her consent to said sale with the consent of her husband, Diego Martin, he said that it is true that his said daughter gave him her consent with would be the consent of her husband.  He does not know anything else and signed it, Tomas de Erera y Sandobal, Francisco de Ribera, Juan de Atienza and Roque Madrid as receiving judge.

Immediately thereafter, I asked Diego Martin to appear and under oath asked if it was true that the contract for the land that Tomas de Erera had sold to Diego Xiron was executed at his house; he said that it was true that when the said Diego Xiron had gone to purchase the tract from his wife, he was there before him and he likewise said that he did not want to execute the deed because he did not want his wife or his father-in-law to say at any time that he was to blame but that he did not hinder his wife nor her father in selling it.  He also agreed that he had seen the articles given in the contract at his house.  When asked about the balance still owed, and when and where it was to be paid; he said that it is a fact that 40 pesos was the balance owed on the debt by Diego Xiron. That he was obligated to pay the 40 pesos this coming April and that he had said that if he did not come he would remit the amount.  That he does not know anything else, and not knowing how to sign, Diego Martin by Juan de Atienza, wit/ Francisco de Ribera and Juan de Atienza.

I, Roque Madrid, remit the papers to the Governor so that he may examine them and determine whatever he deems advisable.  The proceedings consist of eight leaves.  Signed Roque Madrid, Juan Median de Ortis, Francisco de Ribera.

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

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