Rush v. Fletcher
New Mexico Supreme Court
Appeal from the district court of Eddy county, before Daniel H. McMillan, Associate Justice. The boundary line between Texas and New Mexico was definitely established by a joint commission in 1859, and was retraced by a United States surveyor in 1883. The court will conclusively presume that this line as established, and the retracement thereof are correct, and is powerless to correct even manifest errors therein •if there were any.
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Appeal from the district court of Eddy county, before Daniel H. McMillan, Associate Justice. The boundary line between Texas and New Mexico was definitely established by a joint commission in 1859, and was retraced by a United States surveyor in 1883. The court will conclusively presume that this line as established, and the retracement thereof are correct, and is powerless to correct even manifest errors therein •if there were any. Revised Statutes of the United States, sec. 2395; Stoneroad v. Stoneroad, U. S. Sup. Ct. 1895. It is a well-settled rule of law that the power to make and correct…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
This is a controversy over the right to the possession of and title to two tracts of land, situate in Eddy county, Territory of New Mexico, tried by the 'Court without the intervention of a jury.
Appellant asks a reversal solely upon the grounds of alleged erroneous findings of fact by the trial court and the omission to find certain facts from the evidence.
In the finding of each fact the trial court was confronted with conflicting testimony. Each finding of fact ns warranted by the evidence. It is an universal rule that a finding of fact by a trial court, like…
2Cases cited1 opinion
- Gale v. SalasNew Mexico Supreme Court · 1901
3Cited by1 opinion
- Baca v. Employment Services Division of the Human Services DepartmentNew Mexico Supreme Court · 1982