Heron v. Ramsey

ZINN, Justice.

This is an appeal from a judgment in favor of the defendant. The action was forcible entry and detainer. The parties will be treated in this opinion as they were below.

The case was tried de novo in the District Court on appeal from a Justice of the Peace Court.

The defendant demurred to the plaintiff’s evidence. The basis of the demurrer was that the evidence failed to show that the plaintiff was in possession of the premises prior to the time that the defendant physically entered upon and occupied the premises, citing Murrah v. Acrey, 19 N.M. 228, 142 P. 143 as authority. The…