Sabariego v. Maverick

• Decision Date: 23 January 1888
• Citation: 124 U.S. 261,8 S.Ct. 461,31 L.Ed. 430
• Parties: SABARIEGO et al. v. MAVERICK et al
• Court: U.S. Supreme Court

124 U.S. 261

8 S.Ct. 461

31 L.Ed. 430

SABARIEGO et al. v. MAVERICK et al.

January 23, 1888.

This is an action of trespass to try title, brought in the circuit court of the United States for the Western district of Texas, by Pilar Garcia de Sabariego and her husband, Manuel, citizens of Mexico, against Maverick and others, citizens of Texas, to recover a certain tract of land lying in the city of San Antonio, Texas. She claimed the property as the sole* heir of her deceased father, Francisco Garcia, and of her deceased mother, Gertrudes Berrera de Garcia, both of whom, it was alleged, died seized and possessed of the said land. The different defendants filed pleas of not guilty, the statute of limitations, alienage of the plaintiffs, etc. On the trial, as shown by the bill of exceptions, the plaintiffs read in evidence certain partition proceedings showing title in one Miguel Losoya to the suerte or tract claimed in the suit by a grant from the king of Spain. The plaintiffs next offered in evidence certain documents, the originals being in Spanish, and translations of which into English are set out, and a deed from a board of commissioners to Garcia, showing a sale and conveyance of the premises in controversy to him, based, according to the recitals, upon a confiscation of the property of Losoya by the Spanish government in the year 1814. These documents, relating to the confiscation, sale, and conveyance of the property in controversy, were admitted in evidence, the court stating at the time that, in its opinion, they did not show any decree or adjudication of confiscation sufficient to warrant the sale, and that, unless the plaintiffs could show some further proceedings upon which to base the action of the officers in the premises, the said p oceedings constituted no legal confiscation, and passed no title to the purchaser at said sale. Counsel for the plaintiffs then stated to the court that they were unable to offer in evidence any further or other confiscation decree or proceedings than those already offered and read in evidence. Counsel for the plaintiffs then offered other testimony in depositions, 'but the court, upon the objection of defendants, refused to allow the depositions aforesaid, or any part of them, to be read, and refused to permit plaintiffs to make any of the proofs aforesaid, upon the ground that the said confiscation proceedings were insufficient to pass title of any character, and that no title of any character was thereby passed to or vested in said Garcia, and that this was fatal to plaintiffs' right of recovery, and that all the said evidence read, as well as that proposed to be offered, showed no title in plaintiffs which would warrant a verdict and judgment in their favor.'

The court thereupon directed a verdict for the defendants, which was rendered, and judgment thereon accordingly, to reverse which this writ of error is prosecuted. The documents relating to the sale and conveyance of the premises in dispute are as follows: The first is entitled: 'The governor of the province of Texas returns statements of property confiscated from the rebels in Bexar, and of the condition thereof, and asks whether some of it may be sold.' Then follows a list of the names of the parties and a general description of the property of each, extended into a column of valuations. In this list appears the name of Miguel Losoya; the property described, one-half dula of water; extended 100. This list is preceded by the following heading: 'Statement of property confiscated from the rebels of this city by the order of the commanding general, Don Joaquin de Arredondo, as shown by the statement and inventory made by Captain Don Fran'co del Prado y Arce on the twenty-seventh of October, 1814, which I copy, and to which I refer myself, viz.' It is dated Bexar, the twenty-seventh of October, 1814, and signed F'co del Prado y Arce, Juan Fran'co de Collantes. Then follows: 'General inventory and copy of property belonging to the king, and confiscated from the insurgents of this province, which I received from my predecessor, Lieutenant Don Juan Antonio Padilla, and is now in existence, viz.' In this list also appears Miguel Losoya's one-half dula of water. Then follows, under the head of remarks, the following:

'All the other confiscated property appearing in the statement made by Don Francisco del Prado as above, in the copy of the statement of existing property which I have received from my predecessor, Lieutenant Don Antonio Padilla, now wanting, shall be accounted for by my predecessor in office, since I have had no knowledge of it; but I will be accountable for the property which I received from said Padilla, as appears in this last statement.

'Bexar, nineteenth of September, 1817.

'JUAN FRAN'CO DE COLLANTES.'

On the same document is the following indorsement:

'[On margin:] On the twentieth inst. receipt was acknowledged, stating that he shall be advised of the result.

'There are in this city several houses sequestered from the insurgents who took part in the revolution of this province, which took place in the past year, 1811, but all of them are so deteriorated that they are becoming wholly unserviceable, having never been repaired, owing to want of funds for that purpose, a few of them having been inhabited by persons connected with the army, who, considering their well-known straightened circumstances, had means to pay rent only. The result is that, although at that time they were appraised by commissioners appointed for that purpose, according to their inventory existing in these archives, in amounts which were then adequate, they cannot now be worth one-half of what they were then, and some of them may not be worth one-third; and, considering that their ruinous condition increases fro day to day, I hope that your lordship will please tell me whether some of them may be sold in case that purchasers be found, and whether, owing to the cause above specified, some rebate may be made on the appraised value, considering that at this moment a buyer comes before me of a house appraised at three hundred and eighty dollars, but, inasmuch as the price does not suit him, he asks for some rebate on it, said house being wholly unserviceable. In these terms, and considering that this business is under the authority of the intendancy, I shall act according to the instructions which your lordship may give on the subject. God keep you many years.

'Bexar, September 14, 1817.

ANTONIO MARTINEZ.

'To the Intendant of San Luis Potost.

'One 'cuartillo.'

'Fourth stamp: 'One cuartillo.' For the years eighteen hundred and fourteen and fifteen.

'SAN LUIS POTOSI, the twentieth of October, 1817.

'Let the official communication of the governor of the province of Texas, and inventory and statements thereto attached, upon houses sequestered from [Seal] the rebels at Bexar, and asking whether some of them may be sold, be filed, and let the whole be referred to the 'asesor' for his opinion upon such instructions as may be proper. The intendant 'corregidor' of this province, Don Manuel Jacinto de Acev edo, has thus decreed and ordered, and did sign hereto with assisting witnesses, in default of a notary, which I certify.

'[Seal. 1817.]

MANUEL DE ACEVEDO.

'Assisting, JOSE MARIA BURAL.

'MAN. JOS E DOMINGO.

'One cuartillo.

'[On margin:] Erasures are not valid.

'To the Intendant.

'Art. 82 of the royal ordinance of December 4, 1786, gives powers, in case of confiscation by sentence of any property within the territory of this province, and makes it the special duty of your lordship to proceed to the alienation and collection of the proceeds and to take cognizance of all litigation and claims subsequently arising; and on the same subject a superior order was afterwards issued referring to property confiscated from the rebels. In these terms and in the case to which the governor of the province of Texas makes reference at the beginning of his report of the nineteenth of September of this year, that the confiscation of the property mentioned in it was effected by the order of the commanding general of the eastern provinces, the provisions of said articles are applicable, and, consequently, your lordship should be pleased to order that the confiscated property, owing to the deterioration it has suffered, as stated, be reappraised by two sworn experts, thus altering the value heretofore assessed on it in order to facilitate its more speedy sale, and that its total loss may not result to the prejudice of the royal treasury, and said property being thus appraised let it at once be offered in public sale for the term of nine days, three outcries being afterwards made, and, at the last outcry, adjudication being awarded to the best bidders for parcels, who may appear with the respective bond certificates by persons able to give security for their bids, and these bids shall be good and may be accepted for adjudication thereon, provided that others be not made a little more in excess of the two-third parts of the amount of appraisement, this being the practice generally observed in all the tribunals. And your lordship will please give notice of this decision to the commanding general; whereupon these proceedings should be referred for the specific objects to the governor of Bexar, who should in due time report the results to this intendancy.

'San Luis Potosi, October 29, 1817.

[Lic'do]

'JOSEF RUIZ DE AGUIRRE.

'SAN LUIS POTOSI, October 31, 1817.

'As the 'asesor' advises, let this be communicated to the commanding general of the eastern provinces for his information. This his lordship has decreed and signed hereto, which he certifies.

ACEVEDO.

'Assisting, JUAN JOSE DOMINGO, 3.

'JOSE MARIA BURAL.

'On the same day an offic al communication was addressed to the general commanding the eastern provinces, with insertion of the foregoing opinion, which I certify.

________, Paraph.'

Then follows a 'statement showing the...