Rodriguez v. La Cueva Ranch Co.
New Mexico Supreme Court
Appeal from tlie District Court of Mora County, New Mexico. Appellant has established its title to the land in controversy against all of the appellees. Elkins et al. v. Arce et al., No. 632 in the District Court, County of Mora. ‘Territory of New Mexico. Under the laws of New Mexico a partition proceeding is a proceeding in rem and anyone claiming any interest in the land involved, at any time before final decree, may intervene and set up their rights.
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Appeal from tlie District Court of Mora County, New Mexico. Appellant has established its title to the land in controversy against all of the appellees. Elkins et al. v. Arce et al., No. 632 in the District Court, County of Mora. ‘Territory of New Mexico. Under the laws of New Mexico a partition proceeding is a proceeding in rem and anyone claiming any interest in the land involved, at any time before final decree, may intervene and set up their rights. Baca v. Anaya, 14 N. M. 382; Nash v. Church, 10 Wis. 303; Cook v. Allen, 2 Mass. 461. Decree could not be collaterally attacked by attempting…
1Opinion of the Court
OPINION OP THE COURT.
PARKER,, J.
This is an action to quiet title to a tract of land in the Mora Grant. This was a Mexican Grant to Carmen Arce and seventy-five others, and was confirmed by act of Congress on June 21st, 1860, and was patented by the United States on August 15th, 1876. In 1877 a suit for partition of the grant was instituted by Stephen B. Elkins et al. against the said Carmen Arce et al., in which suit, having acquired the interests of certain of the original grantees of said grant, as well as certain allotments of strips of land held in severalty therein, appellant intervened,…
2Cases cited31 opinions
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- Gates v. SalmonCalifornia Supreme Court · 1868
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- Bardwell v. CollinsSupreme Court of Minnesota · 1890
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