Albuquerque Lumber Co. v. Montevista Co.

I am in agreement with much that has been said in the prevailing opinion, yet I think the conclusion reached is wrong because of faulty reasoning at the last.

To aid an understanding of this difference of opinion, we should be particularly careful in giving the word “owner” employed in our statute its proper signification, when applying principles declared in the statute and as used in the decisions of equity courts in moulding the remedy.

The prevailing opinion asserts that, if the vendor fails to post the notice of nonresponsibility, the divided interests contemplated by sections 82-204 and…