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
©Henrietta M. Christmas
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