Michelet v. Cole
New Mexico Supreme Court
Appeal from Disrict CouTt, Chaves County; G. A. Richardson, Judge. Action by Jacques Michelet against C. W. Cole. From judgment for plaintiff, defendant appeals. The grant of the fee included a grant of the right of way. Broom’s Legal Maxims, 310; Wash. Real Prop.
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Appeal from Disrict CouTt, Chaves County; G. A. Richardson, Judge. Action by Jacques Michelet against C. W. Cole. From judgment for plaintiff, defendant appeals. The grant of the fee included a grant of the right of way. Broom’s Legal Maxims, 310; Wash. Real Prop. (6th Ed.), sec. 1231; Id., sec. 1234. Cole acquired a wáy of necessity whether the same was expressly granted or not. 14 Cyc. 1174. The fraud consisted in the vendor attemptting to take away from the vendee land which the latter was put in possession of by the representations of the vendor that it was the land which he was to get…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
(after stating the facts as above.) — The action of the court in sustaining the demurrer to the second count of the counterclaim forms the basis of appellant’s first assignment of error. In this count, after setting forth the preliminary facts, showing his purchase of certain lands from appellee, which said land formed a part of a larger tract owned by appellee, it was alleged in paragraphs 2 and 3:
“(2) That said tract of land was a part of a larger tract of land at the time of conveyance thereof, as aforesaid, owned by plaintiff; that on said tract of land…
2Cases cited12 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Parsons v. . JohnsonNew York Court of Appeals · 1877
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- Boil v. SimmsIndiana Supreme Court · 1877
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3Cited by21 opinions
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- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
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- Pillsbury v. BlumenthalNew Mexico Supreme Court · 1954
- Burling v. LeiterMichigan Supreme Court · 1935
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