Baker v. De Armijo
New Mexico Supreme Court
Appeal from District Court, Dona Ana County. The burden of proof is on the plaintiff to establish that he himself has a perfect legal or equitable title without reference to whether defendants’ title he valid or invalid. 32 Cyc. 1369. The presumption is that the property was community property, for there was no evidence offered by the plaintiff to show to the contrary. 8 L. R. A. 732; 32 Ovc. 1331; 21 Cyc. 1652. ' Plaintiff did not show ten years continuous adverse…
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Appeal from District Court, Dona Ana County. The burden of proof is on the plaintiff to establish that he himself has a perfect legal or equitable title without reference to whether defendants’ title he valid or invalid. 32 Cyc. 1369. The presumption is that the property was community property, for there was no evidence offered by the plaintiff to show to the contrary. 8 L. R. A. 732; 32 Ovc. 1331; 21 Cyc. 1652. ' Plaintiff did not show ten years continuous adverse possession. Johnson v. City of Albuquerque, 12 N. M. 29; 1 Cyc. 1000; 1 Cyc. 984-5; Brown v. Boequin, 57 Ark. 97. Plaintiff did…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
The appellants have raised numerous assignments of error, but in' their argument are relying upon four, which we will consider in the order presented.
The first being that plaintiff did not show title in himself through Yreneo Lujan. We do not consider it necessary to here set forth the questions pertaining to this point because it is apparent that the learned trial judge did not base his judgment upon this theory of the case, but, on the contrary, in his fourth finding of fact found "that plaintiff is the owner in fee simple and in possession of land in…
2Cases cited7 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- O'REILLY v. CampbellSupreme Court of the United States · 1886
- Draper v. ShootSupreme Court of Missouri · 1857
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Hall v. WatermanIllinois Supreme Court · 1906
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3Cited by17 opinions
- Fraser v. State Savings BankNew Mexico Supreme Court · 1913
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Pankey v. Hot Springs Nat. BankNew Mexico Supreme Court · 1941
- Marquez v. PadillaNew Mexico Supreme Court · 1967
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
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