Dallas v. Swigart
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Contest before Commissioner of Public Lands by Harry Dallas and others constituting the partnership of Dallas Bros., against R. E. Swigart and another. From a final judgment of the district court affirming the decision of the Commissioner of Public Lands in favor of contestees, contestants appeal.
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Appeal from District Court, Chaves County; McClure, Judge. Contest before Commissioner of Public Lands by Harry Dallas and others constituting the partnership of Dallas Bros., against R. E. Swigart and another. From a final judgment of the district court affirming the decision of the Commissioner of Public Lands in favor of contestees, contestants appeal. Leases of appellee are void because executed by State and delivered before the land was surveyed or the plat of survey approved by the Surveyor General. Secs. 15, 6, 11, Enabling Act; Gilson v. Robinson, 7 Pac. 428; Clemmens v. Gillette, 83…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This proceeding originated in the form of a contest ‘before the commissioner of public lands, wherein the validity of leases held by appellees covering certain school sections was attacked, and an appeal was taken from the decision of the commissioner to the district court of Chaves county, and this appeal is now taken from the final judgment of that court. The proceedings are under the authority of section 5247 et seq., Code 1915. The district court rendered judgment in favor of the validity of the leases by the commissioner of public lands to the appellees and…
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