The Law of the Land

MaríA E. Montoya

in Translating Property

Published by University of California Press

Published in print March 2002 | ISBN: 9780520227446
Published online March 2012 | e-ISBN: 9780520926486 | DOI:
The Law of the Land

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This chapter breaks away from the story of the day-to-day strains to control the Maxwell grant and its resources. This narrative shift is necessary in order to understand the legal background against which all of this violence, resistance, and removal took place. The company's agents and resistant settlers would have been locked in a protracted and relatively equal battle without the power and authority of the law. However, the Supreme Court decision gave the company the necessary tools and power finally to oust the settlers. Moreover, it is not sufficient to look at the Maxwell decision as an isolated case as it pertains to advancing the narrative of this story. Instead, this chapter contextualizes the Maxwell decision within American legal history and jurisprudence about property in much the same way that it has attempted to contextualize the colonization and violence of the Maxwell Land Grant within larger historical trends at the end of the nineteenth century.

Keywords: Maxwell grant; jurisprudence; colonization; Supreme Court; history

Chapter.  14929 words. 

Subjects: History of the Americas

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