An explanation of the facts and circumstances
An explanation of the facts and circumstances
surrounding the execution and delivery of the deeds such that good faith color of title is established must be provided as to each deed that may be called into question in order to carry the burden of proof of clear and convincing evidence of adverse possession. These are the documents which I am relying upon to clear “cloud” on my title (I may have missed a few):
Land Grant from Spain 1751
As a bloodline descendent of the original grantee, Juan De Arguello, I am an Heir to the Las Trampas Land Grant. A village, within a tax free community land grant, given by the King of Spain on 2 July 1751. In accordance with International Law of Conquest of the Territory of Nueva Espania, when this territory was acquired by the United States of America, and when ceded by Mexico under the protection of the Treaty of Guadalupe – Hidalgo on 2 Febuary1848 (see also Kerny Code and Gadston Treaty); this Land Grant was presented for trial by Cristobal Romero (my great great grandfather), to the Unites States Congress (Claim #65) on 21 July 1859 and Confirmed to the “Town of Las Trampas”, Patent No. 27, on 21 June 1860, under the provisions of the Act of Congress of 22 July 1854. Patent File 114066 was “Approved” under the provisions of the Third Section of that Act of Congress on 3 March 1869. A “Quitclaim Deed” was finally signed by the President of the United States of America on 26 January 1903.
This is a portion of property which was allocated to Jose Antonio Fresquez and Maria Josefa Marquez, by the local leadership of the Santo Tomas Apostol Del Rio De Las Trampas Land Grant and subsequently given to Juan Nepomusimo Fresquez y Marquez (Papa Juan) and Maria De La Luz Casias y Silva, who are credited to having built the first home in this village circa 1850 (removed between 1973 – 1976). In the 1880 -1883 tax rolls of Taos County show this and other properties that were identified and claimed by their son, Jose De Gracia Fresquez and (taxes paid by his spouse) Maria Vicenta Vigil y Romero.
1941 Taos County Reassessment Survey 15
It is located within Tracts 32, 33 & 36 of Map 30, Tract 86 of Map 29 and Tracts 114 & 72 of Map 25 of the 1941 Reassessment Survey 15 in Township 22N, Range 11E, NMPM, (see Sheets 1942, 1943, 1946, 1866, 1364 and 1322) otherwise known as Llano de San Juan (Nepomusimo), within the Trampas Land Grant, as indicated by the USDA-FS, dated as certified 1/26/93. Please see following referenced deeds and mets & bounds survey for Bert M. Lucero, Project 6897P (Oct 1998) filed in Cabinet D, page 76B in the Taos County Records & Archives:
Juan B Ortega Vs Trampas Lumber Company (Cause 840)
With the decision by the Territory of New Mexico to adopt adverse possession laws in 1884; greedy and unscrupulous lawyers initiated suits all across the Territory to sequester land grants. The Trampas Land Grant (and its heirs) became victim(s) to their initiatives. By 1913, the Santa Fe Ring had succeeded in portraying themselves as the legal heirs of the Las Trampas Land Grant.
In 1916, approximately 45 acres were deeded (by Jose De Gracia Fresquez – Maria Vicenta Vigil de Fresquez), per court order (land that had not been sequestered / partitioned), to Francis O Wood for “services rendered” to defend the common lands from the Santa Fe Ring. Mr. Wood failed to record this and his other land holdings (over 2400 acres). Later in 1927, when they (aka Trampas Lumber Company), negotiated a trade with the U.S. Forest Service; Mr. Wood sold one half of his “holdings” to the Forest Service and supposedly “gave back” remaining lands to their original owners. (Please refer to writings of Ebright, Benevides, Torres, and others plus Tax Deed 2112, State of New Mexico to Selcita Lucero, wherein only 16 of the 24 acres were physically returned.)
Title to Selcita F. de Lucero
Cause 840, page 46 1903 (Claim by Jose De Gracia Fresquez y Casias 180+ acres)
Unrecorded Deed, 1916 (Jose De Gracia y Vicenta Fresquez to Francis O. Wood 45 acres, per court order – never registered by F.O. Wood)
Book A-35, page 229 2/3/38 (Vicenta V. de Fresquez to Selcita F. de Lucero 152 varas or 52 acres)
Book A-39, page 257 4/18/41 Tax Deed 2112 (State of New Mexico to Selcita F. Lucero)
Title to Jose Arturo Lucero
Unrecorded Deed, (Jose De Gracia Lucero y Selcita F. Lucero to Jose Arturo Lucero),
Book A-51, page 291 5/16/55 (Jose D G Lucero to Jose Arturo Lucero),
Title to Juan Amadeo Lucero
Book A-65, page 11 1/16/51 (Jose De Gracia Lucero y Selcita F. Lucero to Juan Amadeo Lucero),
Book A-57, page 91 1/27/58 Jose Arturo Lucero to Juan Amadeo Lucero),
Book A-62, page 81 6/4/62 (Jose D Lucero and Selcita F. Lucero to Juan Amadeo Lucero),
Book A-106, page 305 5/22/67 Tax Deed 1963-30 (State of New Mexico to Juan Amadeo Lucero),
Book A-125, page 786 3/28/72 Tax Deed 26351 (State of New Mexico to Juan Amadeo Lucero)
Title to Bert Marbin Lucero
Book A-188, page 295, 7/14/88 (Juan Amadeo Lucero to Bert Marbin Lucero),
Book A-192, page 994, 9/11/89 (Juan Amadeo Lucero to Bert Marbin Lucero),
Book A-236, page 240, 9/25/96 (Corrected warranty deed Bert Marbin Lucero),
Cabinet D, page 768, 10/5/98 (Survey 6897P, for Bert Marbin Lucero)
Book A-251, pgs 847-851,1/20/99 (Arturo Lucero to Bert Marbin Lucero)
Land area approximately 51.787 acres (more or less).
Bert Lucero 4 Dec 2016