Jenkins v. Maxwell Land Grant Co.
New Mexico Supreme Court
Error to .the District Court for Colfax County before W. J. Mills, Chief Justice. When one enters on land, claiming a right to it, and gains a seisin by such, entry, the seisin shall extendi to the whole tract which he claims. Kennebec Purchase v. Springer, 4 Mass. 416, 3 Am.
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Error to .the District Court for Colfax County before W. J. Mills, Chief Justice. When one enters on land, claiming a right to it, and gains a seisin by such, entry, the seisin shall extendi to the whole tract which he claims. Kennebec Purchase v. Springer, 4 Mass. 416, 3 Am. Dec. 227; Wright v. Mattison, 18 How. 50-60; Hall v. Law, 120 H. S. 466; Pillow v. Eoberts, 13 How. 472; Elicot v. Pearl, 10 Pet. 412. One positive witness’ testimony is worth more than a dozen negative. Moore on Pacts, vol. 2 p. 1331; Patterson v. Gaines, 6 H. 550, 589; Broclrway v. Mutual Ben. L. Ins. Co., 9 Eed. Eep.…
1Opinion of the Court
OPINION OP THE COURT.
COOLEY, J.
Mr. Justice McFie, who tried this case in the District Court, prepared an opinion in which the testimony was carefully analyzed and the law applicable to the case was clearly stated. In view of that fact we do not consider it necessary to do more than review the evidence generally and outline the reasons why, in our opinion the judgment must be affirmed.
1 This is an action in ejectment. It is admitted that the property in controversy is situated within the exterior limits of the Maxwell Land Grant, but the plaintiff in error, who was also the plaintiff below,…
2Cases cited7 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Ward v. CochranSupreme Court of the United States · 1893
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Armstrong v. MorrillSupreme Court of the United States · 1872
- Hogan v. KurtzSupreme Court of the United States · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Roswell, N.M. v. Mountain States Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 1935
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- Bunton v. HullNew Mexico Supreme Court · 1947
- Montoya v. CatronNew Mexico Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.