Very Desirable Residential Ranch For Sale

By Carolyn Nelson

As advertised in The Livestock Report: Contains 1,580 acres of patented land, 400 in alfalfa. All irrigated by private ditch. There are several large gathering pastures and a large horse pasture thoroughly fenced; also, about 20 or more good corrals in different parts of the range conveniently situated for rounding up and branding cattle. The water controlled by this ranch commands an extent of grazing country and as it is all situated on a forest reservation, no other settlers are allowed to come in. A purchaser may confidently reckon on there being at least 6,000 head of cattle on the range, which allows for ample losses during the last fifteen years. The price of this ranch is $125,000.00. The year, 1901.

What authority allowed the sale of unpatented waters and range? The saying ‘possession is nine-tenths of the law’ may apply. This can bring thoughts of gun fights and poker games. Though there are stories, the laws may not be as exciting. In 1865, the Courts Bill recognized possessory title in the mining lands (today's US Forests and grazing allotments). Earlier in the1840s cattlemen and farmers had rights to use of land through the Law of Preemption; first come, first serve. Both possessory and preemption is use without land patents. This was recognized again 1853, the Survey Act, an act to provide for the Survey of the public lands, the granting of preemption rights therein, and for other purposes.

In 1885, the Unlawful Occupancy Act was created to keep cattlemen from fencing open range. One would have to also research the railroads and their participation in this part of history to learn the entire story. Two classifications of the public lands out of many are agriculture and mineral lands. Homesteaders could apply for land patents on agriculture lands. Part of the requirement was to fence the land and build up water sources. Settlers could not homestead or patent mineral lands. Mineral lands were potential discoveries of ‘Eureka, I found gold.' Mineral lands along with mining camps were open range, large acreage that supported cattle grazing. On these mineral lands Forest Reserves would be created, to protect timberlands and watersheds. Government kept control of the minerals until a claim was made and for timber for future generations. This would be a split estate where different entities had vested rights or interests in the same land. Government: timber and minerals to be disposed. Ranchers have established use and rights of range and water.

From1892 through 1893, a case was brought before the Supreme Court of the Arizona Territory and eventually the US Supreme Court in Cameron vs US, 1893. A man had built a fence on open range. Particularly around the waters that controlled the use of the range. He argued that since those before him had been granted through Mexican Law, which had been handed down and sold to him, he had the right to do so. He lost. He was told to remove the fence within five days. He appealed to the Supreme Court, where the decision was reversed. He had possessory rights. He continued use of water and his range. The defendant had shown in good faith that he had color of title, the right to use under local customs and rules of courts.

The 1,580 acres of patented land advertised in 1901, and the different parts of the range and water that was controlled by the ranch is situated about 80 miles northwest from Silver City. Those rights that existed then, exist today.

To read the entire advertisement and the US Supreme Court Case go to

A Very Desirable Ranch For Sale ad,

Live Stock Report - Volume 11, Issues 1-26 - Google Books Result

Cameron v. United States, 148 U.S. 301 (1893)

https://supreme.justia.com/cases/federal/us/148/301/

Thank you, Angus McIntosh, PhD, for the years of research