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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