United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ely v. New Mexico & Arizona R. Co., 129 U.S. 291 (1889)

Ely v. New Mexico and Arizona Railroad Company

No. 1133

Submitted January 14, 1889

Decided January 28, 1889

129 U.S. 291

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

Syllabus

Under the statutes of the Territory of Arizona, a complaint in a civil action, alleging that the plaintiff is the owner in fee of a parcel of land, particularly described, and that the defendant claims an adverse estate or interest therein, and praying for a determination of the plaintiff's claim and of the plaintiff's title, and for an injunction and other equitable relief, is good on demurrer.

This was a complaint, filed in a District Court of the Territory of Arizona and County of Pima by Frank Ely against the New Mexico and Arizona Railroad Company and several individuals, alleging that the "plaintiff is the owner in fee of all that piece or parcel of land granted by the Mexican authorities to Leon Herreros on May 15, 1825," called the Rancho San Jose de Sonoita, situated in the Sonoita Valley in the county aforesaid, and more particularly described and bounded in the complaint, according to the calls of a survey made by the government of Spain in June, 1821, and that the