I, Xptoval Martin, a resident of the settlement of Chimallo, appear before Your Excellency in the best form possible and according to the law which is favorable to me and I hereby state: That I hereby present the royal deed of sale which was executed for me by Felipe de Moraga from whom I purchased the lands over which I have a disagreement with Franco Martin (uncle), and so that Your Honor may see by the said document that I have the rights to the lands described in this deed. Now, I ask that you give me possession in the name of His Majesty, the King, and this petition is not in malice. Signed Xptoval Martin, rubric.
In Santa Fe, on April 22, 1717, I General Juan Paez Hurtado, had this petition presented to me and having examined it I order the Alcalde Mayor of the villa of Santa Cruz to place the petitioner in possession of the fanega of land for planting corn. Signed Juan Paez Hurtado, rubric, wit/ Miguel Thenorio de Alba, rubric, Secretary of Government and War.
At the villa of Santa Cruz on May 13, 1717, I went to the settlement of Chimaio and when I arrived at the house and lands of Xptoval Martin for the purchase of giving him possession as I am ordered in the said decree, before proceeding, I ordered the resident who have lands adjacent to those of said Xptoval Martin to be present, so that in the event they have anything to challenge regarding possession, they may do so.
All of them declare that they had nothing except Francisco Martin, who says that he has now something concerning the possession which I ordered him to state. Although there were many residents who were present, but no one had knowledge of the land which would hold one fanega of seed corn. Therefore the said possession was delayed until a person is found who has the knowledge of land and is now being challenged by Francisco Martin.
It was ruled in favor of Francisco Martin.
Reference: Spanish Archives of New Mexico, Series I, Twitchell 504, Reel 3, Frame 699-701.
©Henrietta M. Christmas