Tagliaferri v. Grande
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Allegations of two counts of complaint are inconsistent. Build v. Bingham, 18 Barb. 4-96; Bigelow v. Gove, 7 Cal. 133; Bliss on Code Pleading, sec. 413; Shipman on Pleading 311. It was error to admit record of a power of attorney without preliminary proof required by statute.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Allegations of two counts of complaint are inconsistent. Build v. Bingham, 18 Barb. 4-96; Bigelow v. Gove, 7 Cal. 133; Bliss on Code Pleading, sec. 413; Shipman on Pleading 311. It was error to admit record of a power of attorney without preliminary proof required by statute. C. L. 1897, secs. 8965, 4010-4014; Kirchner v. Laughlin, 6 X. M. 300; Freeman on Judgments, secs. 415, 416; 4 Wigmore on Evidence, par. 3435; Dewitt v. Berry, 134 TJ. S. 306; Steamboat v. IT. P. Co., 109 U". S. 681; Bryan v.…
1Opinion of the Court
OPINION OP THE COURT.
POPE, C. J.
1 (After making the foregoing statement of facts:) — The present controversy turns substaniiallv upon a single question, where was plaintiff’s west boundary? Defendant and plaintiff held under one Gentile, a common grantor. Plaintiff’s right of possession flowed from a muniment of title superior in point of time to defendant’s. His contract of sale from Gentile, evidenced by two memoranda, was dated Jonuary 20-23, 1905. He made an initial payment and was placed in possession immediately and on June 20, 1909, he received a deed according to the description of…
2Cases cited5 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Probst v. Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian ChurchSupreme Court of the United States · 1889
- Budd v. BinghamNew York Supreme Court · 1854
- Bishop v. SeeleySupreme Court of Connecticut · 1847
- Bigelow v. GoveCalifornia Supreme Court · 1857
3Cited by7 opinions
- Murray Hotel Co. v. GoldingNew Mexico Supreme Court · 1950
- Sunmount Co. v. BynnerNew Mexico Supreme Court · 1931
- Burnham v. City of FarmingtonNew Mexico Court of Appeals · 1998
- Cordova v. Town of AtriscoNew Mexico Supreme Court · 1949
- Parr v. WorleyNew Mexico Supreme Court · 1979
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