Legal Opinion

Murrah v. Acrey

New Mexico Supreme Court

Decided July 16, 1914No. 1645PublishedCited by 8 opinions

Appeal from District Court, Eddy County; Colin Neblett, Presiding Judge. Third and fourth assignments of error considered together. 96 TJ. S. 513; 104 TJ. S. 287; 31 N. W. 637; 83 Pac. 730; 81 Pac. 71; 17 Pac. 705; 20 Pac. 680; 63 Cal. 514. Pre-emption, Trespass, Improvements. 1 L. D. 423; Sec. 2289, U. S. Comp.

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Appeal from District Court, Eddy County; Colin Neblett, Presiding Judge. Third and fourth assignments of error considered together. 96 TJ. S. 513; 104 TJ. S. 287; 31 N. W. 637; 83 Pac. 730; 81 Pac. 71; 17 Pac. 705; 20 Pac. 680; 63 Cal. 514. Pre-emption, Trespass, Improvements. 1 L. D. 423; Sec. 2289, U. S. Comp. Stat. 1901, p. 1388; 13 L. D. 702; 29 L. D. 363; 12 L. D. 382; Sec. 3753 L. of N. M., 1897; 17 Pac. 705; Act May 14, 1880, 21st Stat., L. 140; 4 L. D. 9; Act June 16, 1880, 21st Stat., L. 287; 5 L. D. 643; 6 L. D. 362; 28 Cal. 402; 23 Cal. 442; 20 Snp. Court Eep. 429; Sec. 7, C. L.…

1Opinion of the Court

OPINION.

ROBERTS, C. J.

1 Appellants’ counsel have discussed many questions which are wholly immaterial, because not involved in an action of forcible entry and detainer. For example, it is their, contention that appellee, Acrey, forfeited all his rights under his possessory notice filed under Sec. 3753, C. L. 1897, when he filed a homestead application for other lands, thereafter. This may be true and still it would not militate against his right of recovery in this case. It may be, as argued, that his maintenance of a fence on government land was contrary to law, or that it was necessary for…

2Cases cited1 opinion

  1. Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887

3Cited by8 opinions

  1. First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
  2. Heron v. RamseyNew Mexico Supreme Court · 1941
  3. State v. AshleyNew Mexico Court of Appeals · 1989
  4. Gray v. TitsworthNew Mexico Supreme Court · 1920
  5. Heron v. KellyNew Mexico Supreme Court · 1944

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