Wednesday, August 13, 2014

Cristobal Martin - Lands at Chimayo 1738

523 Cristobal Martin Lawsuit

I, Cristobal Martin*, a resident of Chimayo, standing at your feet of Your Excellency in the most favorable way, appear and state that for about three years I lived in a house and on land which I bought from Felipe de Moraga who built the said house and lived in it for several years and afterwards the said Felipe de Moraga left this kingdom with his family and I bought the said house and lands at the time mentioned.  My uncle, Francisco Martin, having asked for a grant of the surplus lands of Felipe de Moraga after having settled them several years as stated in the grand of my said uncle, Francisco Martin, as made by don Pedro Rodrigues Cubero, and the grand was made to Felipe de Moraga by the conqueror don Diego de Bargas in his term – my uncle, Francisco Martin alleged that all the lands and the house belonged to his grant.  The first time Cristobal de Gongora, Miguel de Sandoval and Miguel Tenorio were sent to arrange the matter to settle the litigation which resulted in my favor; afterwards, my uncle again stirred up the same complaint and don Juan Ygnacio Flores Mogollon sent Captain Ygnacio Roybal to arrange the matter giving him full authority and he carried out the proceedings.  After seeing the documents of the grant to Felipe de Moraga and seeing the boundaries and knowing I was without documents, because don Antonio Valdes had taken possession of them and when I asked him for them he replied they were in the archives.

I also mention Captain Ygnacio de Roybal, to testify that I had the said grants of Felipe de Moraga and from where its boundaries are described; I also mention Captain Miguel de Sandoval Martinez to declare what he knows in this matter.  Signed Cristobal Martin, the younger.  Dated 1738.

In Santa Fe, the Governor states that Cristobal Martin should desist, the lands are not his and if he continues on with this he will be fined 100 pesos. signed the Governor.

On June 2, 1738, I Captain, Juan Garcia de Noriega, state that it is defined that Francisco Martin the owner of the land on which Cristobal Martin trespassed in ’20 and the Governor had given the protection to Francisco Martin hereby proceed with the following:
Under these circumstances and as seen by me, I thought it advisable to recognize the boundaries of Francisco Martin in the manner had has held the lands since the grant.  

          East, the deep dry arroyo that divides the lands of Luis Lopez,
          West, another arroyo which divides the lands of Melchora de los Reyes,
          North, the road to Picuris,
          East, where the disputes have occurred.  I place a stone landmark on the side of the deep arroyo mentioned above, looking east to some lomitas (hills) on the other side of the arroyo and then looking west a stone landmark placed at the house of Nicolas Martin and this serves Francisco Martin on the south and Cristobal Martin on the north.  Some of the landmarks are from the lands assigned to Felipe Moraga and were purchased by Cristobal Martin.

*son of Cristobal Martin and Antonia Moraga.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 523, Reel 3, Frames 823-832.

©Henrietta M. Christmas

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