Gurule v. Duran
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; PI. F. Baynolcls, Judge. Action by Julianita Apoclaca cle Gurule against Thomas-R. Duran. From a judgment for defendant, plaihtiF appeal's. The court erred in refusing to grant leave to amend the-reply and to permit appellant to- introduce additional testimony.
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Appeal from District Court, Bernalillo County; PI. F. Baynolcls, Judge. Action by Julianita Apoclaca cle Gurule against Thomas-R. Duran. From a judgment for defendant, plaihtiF appeal's. The court erred in refusing to grant leave to amend the-reply and to permit appellant to- introduce additional testimony. Bliss on Code Plead., sec. 431, p. 664; Cook v. Spears,. 2 Cal. 409; Hayden v. Hayden, 46 Cal. 232; Cook v. Croisan, -36 Pac. 532; Blood v. Fairbanks, 48 Cal. 171; Bean v. Stoneman, 37 Pac. 777; Valencia v. Crouch, 91 Am. Dec. 589; Walsh v. Wash. Ins. Co., 32 N. Y. 427; Bryan y. Tormey,…
1Opinion of the Court
OPINION OP THE COURT.
EOBEETS, C. J.
— This action was instituted in tire court below by appellant against the appellee to quiet title to certain real estate, described in the complaint. The complaint was in the ordinary form, containing only the statutory allegations. Appellee answered, alleging that he was the owner of the real estate described in appellant’s complaint, by virtue of a deed of conveyance executed to him by one Pitt Eoss, who had title to said land under a tax deed issued by the treasurer of Bernalillo county, pursuant to law, and that he was entitled to the possession of the…
2Cases cited7 opinions
- Schaferman v. O'BrienCourt of Appeals of Maryland · 1868
- Mathewson v. FitchCalifornia Supreme Court · 1863
- Straus v. FoxworthNew Mexico Supreme Court · 1911
- Bouvier v. Baltimore & New York RailwaySupreme Court of New Jersey · 1902
- Daughtry v. MurryNew Mexico Supreme Court · 1913
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3Cited by2 opinions
- Prince v. Charles Ilfeld CompanyNew Mexico Supreme Court · 1963
- Herington v. HerreraNew Mexico Supreme Court · 1940