Legal Opinion

Thompson v. Snyder

New Mexico Supreme Court

Decided February 25, 1908No. 1132PublishedCited by 1 opinion

Appeal from the District Court for. Bernalillo County, before Ira A. Abbott, Associate Justice. Reversed and Sections 3179 to 3186, -inclusive, of the Compiled Laws of 1897, provide a comprehensive Act for partition, vesting the power in the chancery side of the court. The act does not limit the right of partition in any way, but is of the most general character.

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Appeal from the District Court for. Bernalillo County, before Ira A. Abbott, Associate Justice. Reversed and Sections 3179 to 3186, -inclusive, of the Compiled Laws of 1897, provide a comprehensive Act for partition, vesting the power in the chancery side of the court. The act does not limit the right of partition in any way, but is of the most general character. Freeman 011 Co-tenancy and Partition, secs. 433-438, 455; Donnor v. Quartermas, 24 A. S. R. 778. An easement appurtenant to other property owned by different persons, cannot be the subject of partition under the New Mexico Statute.…

1Opinion of the Court

OPINION OF THE COURT.

POPE, J.

1 2 (After making the foregoing statement.) An opinion was handed down in this ease at the last term, but upon a suggestion of counsel that there had been a -misapprehension of the record, the- mandate was ordered withheld, and the cause reserved for further consideration. The outcome of-this latter is an adherence to the result heretofore announced, but a modification of certain views upon which that result was predicated. The original opinion is accordingly withdrawn. We have been embarrassed both upon the original and this latter consideration -of the case by…

2Cases cited4 opinions

  1. Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
  2. Dority v. DunningSupreme Judicial Court of Maine · 1886
  3. Crocker v. CottingMassachusetts Supreme Judicial Court · 1898
  4. Tuttle v. KilroaMassachusetts Supreme Judicial Court · 1900

3Cited by1 opinion

  1. Myers v. HatlerOregon Supreme Court · 1927

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