Monday, February 10, 2014

Miguel Mirabal ~ Inheritance 1808 Alameda & Corrales

Petition will. Miguel Mirabal, a resident of San Jose the las Huertas, with all due respect that is do you I appear and state to you; that having been advised by various persons according to the testament of my deceased great grandfather, Juan Gonzalez, at the post of La Alameda, I have through inheritance of my deceased father, a tract of land that he my deceased father had inherited from my grandfather Antonio Gonzales.  By a certain clause in the testament, my great-grandfather, Juan Gonzalez, states that from the boundary line of his daughter, Catharina Gonzales, onto the lower part into the boundary line as specified in the document that his two daughters Prudencia and Antonia Gonzalez, should be divided equally between the two. Therefore there appearing of record from my deceased father I believe to be entitled to the said land. I ask according to the law.

Signed Miguel Mirabal, San Jose de las Huertas.

January 20, 1808.

In view of the foregoing presentation all the parties will answer to all that is asked by the applicant and by presenting all documents or deeds that may have they may have in their favor. Cleto Miera Pacheco

Sr. Alcalde Mayor and Captain of the War, Cleto Miera y Pacheco, San Carlos de la Alameda.
January 16, 1808

In compliance to your order in which you order us to answer to representation made before you buy Miguel Mirabal, a resident of San Jose de las Huertas, although said representation does not bear any date by the aforesaid Mirabal, but notwithstanding, being well informed of the contents of his petition – claiming that he is informed by some person and also by the will of his grandfather Juan Gonzalez in which he says that at the post of Alameda he owns by inheritance from his deceased father a tract of land that his deceased father obtained by inheritance from his grandmother, Antonia Gonzalez.

First: we desire to answer that upon the notice that he has of several persons to this we desire to ask that the said persons from whom she has been advised beside it to verify the information as to being correct. And in reference to what he says of the testament of his great , Juan Gonzalez, by that, he cannot prove for the reason; that from the time up to the present there have been many sales that are known and which have not been interrupted and in the same manner the lands that he claims that his father inherited from his great  grandmother, Antonia Gonzalez, were sold, as shown by the document that his uncle, Santiago Garcia as, and furthermore, I can certify that aunt Antonia Gonzalez did not have any land at Alameda; and as to what he says that his deceased father did not make any sale as shown by the testament. In the same manner I can certify that to who could the deceased Juan Tafoya, make known that he had or did not have lands at Alameda. He never did say a word whatever in this particular matter.

Now as to the portion that was inherited by Prudencia Gonzales, of land at Alameda, she sold to our great-grandfather Vicente Garcia.

This is what we have to answer to the aforesaid petition that the mentioned Miguel Mirabal makes, to which we can certify at any time that it becomes necessary. From our great-grandparents we have acquired the land that we possess, these passing through our grandparents and from our parents to us and from them to the present time never has taken place its deplorable confusion as it is at present time. Signed we protest the cost. Mariano Montoya, Juan Luis Garcia, Juan Cristobal Garcia.

January 27, 1808.

Been advised of what Mariano Montoya and his companion say in answer to my petition. By placing together all that he has stated, it sounds more like request, then reasons; and that they show no foundation to support their allegations. This follows the wickedness of what they stated, because if it is slowly looked upon, they are more favorably to my petition and to their own defense. I have been told, that they say that in regard to the clause in the will in favor of the said Antonia Gonzalez; there has been made many sales, and that no one has obstructed them. This is no reason why I should not be entitled to the lands that I claim, the reason why I had not made claim in the past years is because I was ignorant of the claim. If my great-grandfather Juan Tafoya or my father, whose soul may rest in peace, sold it would be clear that the opposite parties would have saved the documents for its security, which are very essential in their defense, my father having died intestate, I do not claim any portion of the lands owned by presented Gonzales and I disclaim any knowledge as to the last part I assure obedience to whatever the Alcalde Mayor may decree in the matter according to the evidence of whom I asked to be heard injustice. Miguel Mirabal

February 6, 1808
We obey, the order of Señor Cleto Miera Pacheco, that we make answer to the claim of Miguel  Mirabal as follows: that we do not recognize the claim that is made against us; and we ask as stated that we furnish proof that he has to make the said claim. We have our proof and we do not feel that we have to satisfy him. And if the said Mirabal wishes he can furnish the testimony of the person that informed him in this matter, then we will furnish documents that are demanded from us as stated we will do so whenever we feel it is convenient to us. Mariano Montoya, Juan Luis Garcia, Juan Cristobal Garcia.

At Cochiti May 26th 1808

In view of the presentation made by Don Santiago Garcia and upon verbal order given me, through him the Gov. advising me to inform myself in the matter I wish to state that according to the testament and documents that were presented to me I have ordered measurement of the lands and that the same be given to the proper and rightful owner he having not presented proof of ownership as far as I can see. Cleto Miera Pacheco

May 20, 1808

Santiago Garcia, a resident of Alameda, appear before you with all due respect and state that Don Francisco Miera having made claim, by order of his father and through verbal order of your Lordship ordered me to deliver the lands that I have in my possession for 60 years more or less as shown by the declarations that I submit. In compliance to your order I have delivered to said land nevertheless I appeal to your mercy that you have not seen the right to which I am entitled and the possession that in good faith I have had as an air. I wish to state that during the period of 60 years as mentioned, the aforesaid had never appear to the claim of the said land, until having knowledge of the aforesaid case, and of the documents, I having seen the decree of your Lordship, and investigations that have been made.

Therefore I ask that your Lordship make investigation of all that I have stated.
Santiago Garcia, X

Santa Fe, May 20, 1808

In view of the foregoing is presented by Santiago Garcia, Miguel Mirabal, Pedro Mestas, and Santiago Padilla, and verified by me the said Alcalde Mayor Don Cleto Miera Pacheco, that in the dispute in allegations between both parties I am made to understand and know the true allegations as proved by the testament of the grandparents, Miguel Mirabal, Pedro Mestas and Santiago Padilla. In which I said to Santiago Padilla, uncle of the presenters of the petition, we cannot give proof to justify any document showing having bought the land, which they ask. Therefore I decree in order that the said lands be delivered to the heirs and have signed with the witnesses of my assistance. Cleto Miera Pacheco, Eusebio Rael and Jose Gutierres.

Sr. Alcalde Mayor.
Nicolas Salazar, resident of Alameda, in the best possible form, in law entitled and state, whereas, I have presented in writing and in person, regarding the Lance of my deceased mother, and those that she inherited from her parents, which I have been unable to get from you. I’m being compelled to execute and of the said lands, therefore I again appear to your Royal justice merciful heart, that you common delivered to me the aforesaid land, being 384 varas, which I do not know where they should be located but I have to deliver the said land to those who justly have bought them, being that by deceased father deeded the said land for a debt owed Don Domingo Labadie and shown by the that the aforesaid has made to him. Therefore I ask and petition your Lordship that you approve my petition and in so doing they receive just favor. Nicolas Salazar

Don Lucas Salazar and all his brothers and sisters.
You and your brother and sisters know how I am trying to favor you as we have here for spoken regarding the ranch and will continue to favor you now and at all times. I will consider that this year we will be unable to have any benefit from the ranch, also you and me, and of the money you should not worry for I will always be in your favor. A thing for free which I will always be grateful to you, is that you send me the papers with my compadre, Francisco, which shall always be yours but to do not say that they are not here will and should not be distrustful of me in any manner as I have confidence in you and you should have in me. June 3, 1808 signed Juan Pacheco

In view of the investigations by Capt. Lorenzo Garcia of the said villa, and upon decree of the last July 30, as appearing by the decree and that was issued and ordering to present proof of this government by Capt. Don Antonia Armenta, the plaintiff, against the tenant Mestas, upon the water in question in the said community; the said Armenta not have any reason in the matter and in the testimony will presented by him in proof of his allegations as appearing in this report. The said Aragon is order to clean the dam in the neighborhood of the waters, and the said Alcalde also ordered the aforesaid Don Antonia Armenta, that hereafter he be careful in promoting unfounded information, harmful to the best harmony that should prevail in all the families; and at any time that it should be necessary to elect another person to take charge of the distribution of the waters in the said a second, that he appear in person, and not to come with recommendations of one that has political jurisdiction; in order to prevent misunderstanding between each other and all of the families. Santa Fe, August 11, 1813

We, Nicolas Salazar, Cristobal Salazar, Tomas Salazar, Julian Salazar, Elias Salazar, all residents of San Carlos de la Alameda, state unanimously and satisfied give satisfaction to the children of Don Domingo Labadie, we agree to give them the satisfaction the amount that is deemed just. The instrument in writing is cited which was executed by Nicolas Salazar in place of his deceased father, Cristobal Salazar. In an evidenced give the guarantee on this the 31st day of May of the year 1810 will and I signed with the sign of the holy cross for me and all my brothers and sisters. Nicolas Salazar, X

All has taken place before me, and in the presence of two witnesses.  Jose Gallegos, X and Francisco Sandoval, X.


References:  Spanish Archives of New Mexico, Series I, Twitchell 605, Reel 3, Frames 1403-1467
©Henrietta M. Christmas 

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