Caledonian Coal Co. v. Rocky Cliff Mining Co.
New Mexico Supreme Court
Appeal from the District Qourt ¿for McKinley County, before Ira A. Abbott, Associate Justice. The right of action for trespass to land is not assigned by subsequent conveyance of the land. Schuylkill & S. Co. v. Decker, 2 Watts. 343. Plaintiff’s possession being merely a right of temporary possession it could only recover for injuries to that possession and not for injury to'the freehold.
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Appeal from the District Qourt ¿for McKinley County, before Ira A. Abbott, Associate Justice. The right of action for trespass to land is not assigned by subsequent conveyance of the land. Schuylkill & S. Co. v. Decker, 2 Watts. 343. Plaintiff’s possession being merely a right of temporary possession it could only recover for injuries to that possession and not for injury to'the freehold. Bloom v. Stenner, 50 N. J. L. 59; Frisbee v. Marshall, 122 N. Car. 760; Colorado Consolidated Land & Water Co. v. Morris, 1 Col. App. 401; Burkhalter v. Oliver, 88 Ga. 473; Bagget v. Trulock, 77 Ga. 369; 1…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
2 1 (After making the foregoing statement of fact). 1. The first question presented in this case is whether or not the plaintiff was entitled to recover for the coal' taken by the defendants* prior to April 11, 1905, the date of the deed to the land from the railroad company to the plaintiff. The position of counsel for the plaintiff with respect to this question is stated in his brief as follows: “All that is necessary to support a plaintiff’s action to recover damages as against a defendant who is a mere trespasser without any title or right, is the simple…
2Cases cited6 opinions
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- United States v. LoughreySupreme Court of the United States · 1898
- Arnold v. BennettMissouri Court of Appeals · 1902
- Burkhalter v. OliverSupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McNeill v. Rice Engineering & Operating, Inc.New Mexico Supreme Court · 2010
- W. T. Smith Lumber Co. v. McKenzieSupreme Court of Alabama · 1952
- Adams v. HeisenNew Mexico Supreme Court · 1967
- Derringer v. ChapelNew Mexico Court of Appeals · 2011
- W. T. Smith Lumber Co. v. McKenzieSupreme Court of Alabama · 1952