Abeyta v. Tafoya
New Mexico Supreme Court
Appeal from District Court, Mora County; Leahy, Judge. Action by Agapito Abeyta, Jr., and another against Damacio Tafoya, etc., and others. Judgment for defendants, dismissing the complaint, and plaintiffs appeal. Under the circumstances the law easts the possession of the whole tract upon the person halving the older and better title, except as to such portion only as may have been in the adverse possession of his adversary.
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Appeal from District Court, Mora County; Leahy, Judge. Action by Agapito Abeyta, Jr., and another against Damacio Tafoya, etc., and others. Judgment for defendants, dismissing the complaint, and plaintiffs appeal. Under the circumstances the law easts the possession of the whole tract upon the person halving the older and better title, except as to such portion only as may have been in the adverse possession of his adversary. It was therefore incumbent upon the defendants to prove their title against the plaintiffs, and not for the plaintiffs to make out an adverse title against the…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This action was instituted in the court below by appellants against appellees to quiet their title to a tract of land upon which was situated a lake, called “El Murphy,” used for irrigation purposes. Appellees answered, denying title in appellants, and alleged that the two corporations had title to the land, and asked affirmative relief in that their title be quieted. Issues were framed, and appellants introduced their evidence and rested. Appellees then moved for judgment on the ground that appellants had failed to show title, and waived their right to…
2Cases cited2 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Ripinsky v. HenchmanCourt of Appeals for the Ninth Circuit · 1910
3Cited by8 opinions
- Rock Island Oil and Refining Company v. SimmonsNew Mexico Supreme Court · 1963
- Sullivan v. Albuquerque Nat. Trust & Savings BankNew Mexico Supreme Court · 1947
- Lawson v. SernaNew Mexico Supreme Court · 1944
- Baltzley v. LujanNew Mexico Supreme Court · 1949
- Perea v. MartinezNew Mexico Supreme Court · 1980
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