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MARTINEZ v. RIVERA

No. 4357.

196 F.2d 192 (1952)

MARTINEZ et al. v. RIVERA et al.

United States Court of Appeals Tenth Circuit.

April 16, 1952.

Attorney(s) appearing for the Case

Quincy D. Adams, Albuquerque, N. M., and Harry L. Bigbee, Santa Fe, N. M., for appellants.

Oliver Seth, Santa Fe, N. M. (Seth & Montgomery, Santa Fe, N. M., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

The question presented on this appeal is whether the Tierra Amarilla Land Grant, a grant from the Republic of Mexico, situated partly in the State of New Mexico and partly in the State of Colorado, is a community grant or a private grant.

The Act of July 22, 1854, 10 Stat. 308, created the office of Surveyor General of New Mexico. On September 10, 1856, the Surveyor General of New Mexico, pursuant to § 8 of such Act, made a report...

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