Montoya v. GonzalesAnnotate this Case
232 U.S. 375 (1914)
U.S. Supreme Court
Montoya v. Gonzales, 232 U.S. 375 (1914)
Montoya v. Gonzales
Argued January 27, 1914
Decided February 24, 1914
232 U.S. 375
The disposition of this Court is to leave decisions of the territorial court on questions of local procedure undisturbed.
The Supreme Court of the Territory of New Mexico having construed the statute permitting intervention in partition during the pendency of the suit as allowing an intervention after the judgment for partition and report of commissioners that actual partition could not be made, but before the final action of the court on such report, this Court approves that construction. Clark v. Roller,199 U. S. 541.
A statute of limitations may give title.
The evident purpose of the statute of New Mexico, giving title under a deed purporting to convey a fee simple after ten years to lands included in grants by Spain, Mexico, or the United States, is to ripen disseisin into title and is not unconstitutional as taking property without due process of law.
Nor does such statute deny equal protection of the law by its classification of Spanish, Mexican, and United States grants; such a classification in the Territory of New Mexico is a reasonable one to prevent the evil of attempts to revive stale claims in regard to such grants.
16 N.M. 349 affirmed. ,
The facts, which involve the title to a Spanish grant of land in New Mexico and the construction and constitutionality of a statute of limitation of the Territory, are stated in the opinion.