Marques v. Maxwell Land Grant Co.
New Mexico Supreme Court
Error to the district court of Colfax County before William J. Mills, Circuit Judge. Uninterrupted, continuous, hostile, visible,, actual, open, notorious, exclusive occupancy of land under a claim of right, for ten years, bars the right of the holder of the paper title and vests the title absolutely in the adverse occupant.
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Error to the district court of Colfax County before William J. Mills, Circuit Judge. Uninterrupted, continuous, hostile, visible,, actual, open, notorious, exclusive occupancy of land under a claim of right, for ten years, bars the right of the holder of the paper title and vests the title absolutely in the adverse occupant. Maxwell Land Grant Company v. Dawson, 151 U. S. 566; Probst v. Domestic Mission, 129 U. S. 132; Pueblo of Nambe v. Romero, 10 N. M. 58; Solomon v. Yrisarri, 9 N. M. 480. In descriptions of land, quantity cannot control as against monuments, course and distance. When they…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
1 This was a suit to quiet title to certain lands, being a part of the Maxwell Land Grant. Each of the defendants sets up title to the land by prescription. Each of the defendants’ title depends upon whether or not he was in actual, exclusive, visible, hostile and continuous occupancy of the land in controversy for at least ten years. This resolves the case into purely a matter of fact. We have carefully read all of the evidence presented by the record in this case and find sufficient evidence to support each finding of fact by the trial court, to the effect that…
2Cases cited8 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Cameron v. United StatesSupreme Court of the United States · 1893
- Jeffersonville, Madison & Indianapolis R. R. v. OylerIndiana Supreme Court · 1878
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3Cited by3 opinions
- Kinscherff v. United StatesCourt of Appeals for the Tenth Circuit · 1978
- John Kinscherff v. United StatesCourt of Appeals for the Tenth Circuit · 1978
- State v. VallejosNew Mexico Court of Appeals · 2019