Atlantic & Pacific Railroad v. Mingus
New Mexico Supreme Court
Eeeoe, from a judgment in favor of defendant, to the Fourth Judicial District Court, San Miguel County. Judgment affirmed; Lee and Seeds, JJ., dissenting. The facts are stated in the opinion of the court. If there is a time specified within which conditions must be performed, they can not be performed afterward. Tied. Real. Prop., sec. 274. In a grant like the one under consideration time is of the essence of the contract. Southern Pac.
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Eeeoe, from a judgment in favor of defendant, to the Fourth Judicial District Court, San Miguel County. Judgment affirmed; Lee and Seeds, JJ., dissenting. The facts are stated in the opinion of the court. If there is a time specified within which conditions must be performed, they can not be performed afterward. Tied. Real. Prop., sec. 274. In a grant like the one under consideration time is of the essence of the contract. Southern Pac. R’y Co. v. Esquibel, 5 N. M. (Gil.) 141. The grant should be construed favorably to the United States. Grant v. Leet, 96 Am. Dec. 403; Slidell v. Granjean,…
1Opinion of the CourtFall, J.
This is an action of ejectment, brought by the plaintiff in error to recover possession of one hundred and twenty acres of land situated in San Miguel county, New Mexico. The plaintiff claims title under act of congress of July 27, 1866, the provisions, of which necessary to be. considered in this cause are as follows: “Be it enacted,” etc.: “ Section 1. That. John Brown * * * John O. Fremont * * * and all such other persons who shall be associated with them and their successors, are hereby created and erected into a body corporate and politic in deed and in law, by the name, style, and title…
2Cases cited22 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- United States v. DicksonSupreme Court of the United States · 1841
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
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