Wednesday, February 12, 2014

Miguel Mirabal ~ Inheritance of Lands, cont'd

Domingo Labadie, a resident of Rio Arriba, with all due respect.  That since forty years ago, I gave Cristobal Salazar, 300 ewes on partido, and for the term of five years, and at the end of the five years he was deliver 600 ewes, when the time had expired.  I demanded the delivery of said ewes and found that the said party had lost all the ewes, therefore, to satisfy payment of the value of the same, he gave me a tract of land and a small adobe house, as described in the said document, that I hereby present, and which was made in the year ’96. Will for the reason that the said Salazar asked me for an extension of time, hoping that he might have a change in his fortune; and try and replace the ewes, and in the meantime the said land he recognized as my property, and have the use of the same. And he having died without making me a deed, I went to his , Nicolas Salazar, and he gave us the said deed, in considering the same as my property, I sold the same to who Julian Vigil. He has lately stated to me that Santiago Padilla wants to take the land from him under the pretext of the appearance of a testament of his great-grandmother and specifies the said lands, and that if I do not deliver possession of the same that he would take away from me a tract of land that I own in Rio Arriba. It appears to me that such a long time having been elapsed, that the heirs have lost all right to the said land.

Therefore I asked that the aforesaid Santiago Padilla, take the matter up with Nicolas Salazar, and that I’d be exonerated from answering the said allegations. I humbly ask a petition that you approve of my petition and according to your will in this matter. Domingo Labadie

Santa Fe, November 13, 1808

The Alcalde of the jurisdiction in which the said parties lived informed me of this matter and it being the case that and according to the testament to which he refers, he may have some right, the said Santiago Padilla, to the lands that have been sold by Cristobal Salazar. Therefore I order that the money be valued at what the applicant paid for the land is refunded to him. Manriquez

Alameda, May 14, 1810 he was asked regarding the clause in the testament, made since the year 1741, in which said testament, the declaration is made that the tract of Alameda, be divided into three parts, the first to Catalina, the second to Antonia, from the boundary of Catalina, the third to Prudencia, in which I know of having been divided as ordered by the will and the only doubt is – how the Garcia’s acquired the land of Prudencia, and they state, that the land was bought from their sister and that the documents were burned. Upon more examination I have sworn, first don Juan José Santillanes, who has answered, that since the year, 75, that he entered the area of Alameda, he knows that the said Garcia’s have been in possession of the said land of Prudencia, that in conversation one night with the Viviana Martinez, he stated to me that Catalina had bought from her sister the land, but did not know whether it was true or not he knows that since the year – 75, the Garcia’s have been in possession of the said land; that he does not know any more in the matter. José Garcia de la Mora, judge

On the same day, month and year, I ordered the appearance of Doña Viviana Martinez, she was sworn in and promised to state the truth, upon being asked if she knew how the Garcia’s had been in possession of the said land of Prudencia Gonzales for so many years; she answered that she knew that the same was bought by his sister Catalina Gonzales; and that she had deeded it to his children, and that she further knew that her father Andres Martinez, bought the portion of Antonia Gonzalez as shown by indenture made in favor of Santiago Garcia do Noriega which was segregated from the said tract. That she had just heard that the original papers were burned, that she does not know whether it is true or not, but that she knows that the daughter of Antonia and that the children of Prudencia, went astray for the reason of their mother having sold the land that she inherited from her father don Juan Gonzalez. The witness acknowledges being 80 years old more or less upon the reading of her testimony in declaration, one, two and three times it was so ratified.  Jose Garcia de la Mora, judge, Felis Pino, X and Jose Gutierres.

I ordered the appearance of Facundo Gonzales, a resident of Corrales, and was duly sworn in to tell the truth. Asked if he knew how the Garcia’s have had possession of the land for so many years; and he answered, that they had possession of them from their aunt, Antonia Gonzalez, who inherited the portion of the land that was in the possession of the Garcia’s, that she never lived upon the same, but that she did live at Corrales upon a tract of land that my father had given her, and that when she offered to sell the same, her father took the same away, and she was left without any land. And for that reason her husband, Juan Tafoya, sold the land to Andres Martinez, he stated, that it is the truth and he acknowledged he was 88 years old and not being able to write I signed for him.  Jose Garcia de la Mora, judge

On the same, day month and year, I had Manual Gonzales, appear before me, and upon oath he promised to tell the truth. Upon being asked as to what he knew in reference to the papers that were burnt, he stated that the deceased Tomas Chavez had told him, that a box containing clothing in which the indenture to the land made by Luis Garcia, who is the husband of his wife, that the said tract was of Antonia Gonzalez. He further stated that he was present at the house of José Gonzales, deceased, when Juan Tafoya appeared and asked the executor Juan Gonzalez, he did not own any land of the said tract, and he answered him, that he did not, for the reason that Antonia Gonzalez had sold the same to Andres Martinez; and that Andres Martinez had paid the said land to Toribio Ortiz for a partido of sheep, that he had from him and lost. That they had their land Santa Clara and to this he certified. He states being the age of 53 years more or less and did not sign for the reason of not being able to write.  Jose Garcia de la Mora, judge; Felis Pino, X; Jose Gutierrez

On May 15, 1810 will in compliance of the decree of the Lieut. Gov. and Gov. made on 19 November 1808 which he states, that if the testament, referred to by the applicant, shows that the said Santiago Padilla is any equity in the lands sold by Cristobal Salazar, that he be given what he is entitled to, or the amount that was paid for them. I, don José Garcia de la Mora, having done so and in compliance and am of the opinion that all of the investigations that have been conducted, that the said Santiago Padilla or Mirabal have any right, nor either Pedro Mestas, who must refund the amount that they unjustly received. That the legitimate owners of the land in litigation, are in possession of the lands of their property and in order not to annul the divisions made by the justices that were at that time were empowered with authority, during the time that there great-grandfathers and grandfathers of the said great-grandchildren were living in who today have attempted to take possession of land to which they have no legal right. For all of which they must refund the money to the parties, from whom they had received the same.

Therefore I ask of the said Alcalde and in order to prevent lawsuits and unjust appeals, that are stated on falsehoods, and which was the reason of the starting of the suit, when the documents were burned and as shown by the evidence taken, which I submit in order to prevent costs to the litigation. I hereby authorize and sign with witnesses. To which I certify. José Garcia de la Mora, judge; Felis Pino, X; Jose Gutierres

On the 16th of May, I the Lt. Alcalde Mayor, don Felis Pino, have been at the investigations, and heard the thorough examination into the matter, proofs and submission – taken by Jose Garcia de la Mora, I should order and do order to the third great - grandchildren, Santiago Padia, nor Mirabal or Mestas, are bound to refund the amounts that on account of what has happened to the two indentures, which have been lost or destroyed by fire.  Their great-grand mothers had sold the land they had taken and on account of their falsehood and in the loss of their documents.  Signed Cleto Miera Pacheco; Felis Pino, X; Juan Antonio Chavez de Baca.

I, Facundo Gonzales, do hereby certify that it is true that my Aunt, Antonia Gonzales, had no land at Alameda for several reasons.  The first, that she never did live at Alameda, whey they left for Santa Clara, they were living at the house of relatives.  And my father, being advised of their situation, gave to my aunt, Antonia a parcel of land at Corrales on which to live, and when she attempted to sell it, he took it away from her.  The portion that she inherited was sold by my uncle, Juan Tafoya.  This is the truth and I give this declaration at the request of Mariano Montoya, on January 3, 1808.  Signed Antonio Jose Trujillo for Facundo Gonzales.

I, Alonzo Garcia, do hereby state, that I declare that the portion that was inherited by my aunt, Prudencia, of lands at Alameda, she sold to my father. For said reason we inherited them, we and those of Catarina Gonzales.

This being the truth, I give this declaration at the request of the legal heirs.  I made it known that if these parties had any land when they ran away from the Cañada of Santa Clara, why did they not claim the said land.  But instead, they were living here and there.  December 8, 1808, Alonzo Garcia de Noriega.

I, Antonio Tores, do hereby certify that it is true, that Bernardo Mirabal told me, that on several occasions that he went through Alameda, and that he cried drops of blood from his heart in seeing the misery that their grandparents left them, when they sold the land.  The inheritance that they had at Alameda; and leaving them living on borrowed property.  And this being the truth, I make this declaration upon the request of Mariano Montoya.  This January 6, 1808, at Albuquerque, Vicente Lopez, certifies.

I, Diego Lucero, resident of San Carlos of Alameda do hereby declare: that for over 50 years I have lived at the post of Alameda and we have owned and have possession of the land that have been taken away from Santiago Garcia and that it will be used as evidence and hereby make this declaration before Lieut. don Eusebio Rael on this 21st day of April 1808 I requested he sign for me. Signed Eusebio Rael.

I, Nicolasa Gonzales, declare that I am sick in bed improbably in the last days of my life, wish to state that the lands that were inherited by Antonia and Prudencia Gonzales we bought by Catharina their sister.  By order of Antonia, the following was delivered to Juan Tafoya, one white hat, and one cloth of blue color. This being the truth at the request of Mariano Montoya. Being unable to sign and make the sign of the cross. X. February 9, 1808. Signed Antonio José Trujillo

I, Rosa Gongora, second wife of Juan Tafoya state that during our married life, he told me, that where he had land was at Los Corrales that he had bought the same. As to whether he had any lands at Corrales, he did not say, this being the truth and I declare this upon request of Mariano Montoya. And not being able to sign and made the sign of the cross. X. On this 18th day of December 1808, signed by the Vicente Lopez

I, Manuel Gonzales, declare that I was told by the deceased Tomas Chavez, that a box with all the clothing that she had for me had been accidentally burned and in the same box the indentures and bills of sale from the step children, and he stated that he regretted more the loss of the papers more than the clothing. This being true, I give this declaration at the request of Mariano Montoya will. For not being able to sign I made the sign of the cross. X. At Alameda on January 3, 1808 signed Antonia Trujillo

I, Geronimo Chavez, who certify to be true that the house of my stepmother, that a box containing clothing and papers of the lands of her children, this being true and make this declaration upon request of Mariano Montoya on this third day of January 1808. Not being able to sign and made the sign of the cross X signed Antonio José Trujillo

…upon order that Padilla and Mirabal should refund the money to me that they had received, and they had all obeyed, except Padilla who had received my money. He has made no refund there being no way of compelling him to do so for the reason that he is the military man, I appeal to you that you order him to refund the money that he unjustly received from, as shown by the proceedings and declarations in the case. He has returned from his campaign and therefore I ask that your Lordship commission him to force them to refund the money. June 9, 1810. Domingo Labadie.

Santa Fe, July 1810. Ensign of militia, of the company of volunteers of la Cañada, will make Padilla, a soldier in the company, that he refunds the amount that the party claims (Domingo Labadie). Having been decided that the ownership be claimed of the lands at Alameda was erroneous, for the reason that the same had been sold, as shown by the investigations in the matter. Signed Manriquez

Rio Arriba, July 27, 1810.

Through the aforesaid decree and in compliance to the same, and presented to the militia man of the company, Lorenzo Padilla, who is ordered to refund the amount claimed by Labadie, which also of having delivered the records of the investigation made. The document contains 10 written sheets and declarations. Signed Vicente Montoya

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

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