Legal Opinion

Garcia v. Garcia Ex Rel. Estate of Garcia

New Mexico Supreme Court

Decided March 4, 1991No. 18616PublishedCited by 33 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Justice.

The parties agree in their briefs that this case can be correctly characterized as a “posthumous land-grab.” They disagree, of course, on who is doing the grabbing. We do not resolve this question, but we hold that the trial court permissibly decided that the plaintiff’s suit to quiet title was barred by her laches. In so holding, we consider the following issues raised by the plaintiff on appeal: Whether the court’s ruling improperly deprived the plaintiff of her right to a jury trial; whether the defendant’s defense of laches was good against plaintiff’s suit to…

2Cases cited16 opinions

  1. Cave v. CaveNew Mexico Supreme Court · 1970
  2. Skyhook Corp. v. JasperNew Mexico Supreme Court · 1977
  3. Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
  4. Wooley v. Shell Petroleum Corp.New Mexico Supreme Court · 1935
  5. Evans Financial Corp. v. StrasserNew Mexico Supreme Court · 1983

11 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. SutphinNew Mexico Supreme Court · 2007
  2. Brown v. TaylorNew Mexico Supreme Court · 1995
  3. Blea v. FieldsNew Mexico Supreme Court · 2005
  4. Magnolia Mountain Ltd. Partnership v. Ski Rio Partners, Ltd.New Mexico Court of Appeals · 2005
  5. In Re Estate of DuranNew Mexico Supreme Court · 2003

28 more not listed; retrieve them via the Exa API.

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