Montoya v. Unknown Heirs of Vigil
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott;, Associate Justice. Claim of title on account of adverse possession. C. L. 1897, secs. 2937, 2938; Laws 1899, chap. 63, sec. 2; Laws 1906, chap. 76, sec. 1. Possession in accordance with the legal title is presumed. Gonzales v. Boss, 120 XL S. 605; Chesapeake, etc. By. v. Washington, etc. By., 199 IT. S. 247; Evans v. Welch, 68 Pac. 79, Cal.; 1 Washburn Beal Property 63; Mining Co. v. Ta)dor, 100 IT.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott;, Associate Justice. Claim of title on account of adverse possession. C. L. 1897, secs. 2937, 2938; Laws 1899, chap. 63, sec. 2; Laws 1906, chap. 76, sec. 1. Possession in accordance with the legal title is presumed. Gonzales v. Boss, 120 XL S. 605; Chesapeake, etc. By. v. Washington, etc. By., 199 IT. S. 247; Evans v. Welch, 68 Pac. 79, Cal.; 1 Washburn Beal Property 63; Mining Co. v. Ta)dor, 100 IT. S. 37; McClung v. Boss, 5 Wheat. 116; Barr v. Gratz, 4 Wheat. 213; Armijo v. Neher, 11 N. M. 645; Stevens v. Martin,…
1Opinion of the Court
OPINION OF THE COURT.
M’FIE, J.
It appears from the elaborate statement of the proceedings, that the plaintiff in the court below filed a complaint seeking the partition of a portion of the Alameda Land Grant, situated in both Bernalillo and Sandoval counties. There were no individual defendants when the cause was instituted, but the defendants were denominated, “Unknofyn heirs and unknown owners,” claiming interests in that grant. The only service had was by publication. After publication for service had been made numerous individuals represented by plaintiff’s counsel, Mr. A. B. M'cMillen,…
2Cases cited11 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Wright v. MattisonSupreme Court of the United States · 1856
- Cameron v. United StatesSupreme Court of the United States · 1893
- Lea v. Polk County Copper Co.Supreme Court of the United States · 1859
- Schrimpscher v. StocktonSupreme Court of the United States · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Martinez v. MundyNew Mexico Supreme Court · 1956
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Marquez v. PadillaNew Mexico Supreme Court · 1967
- Torrez v. BradyNew Mexico Supreme Court · 1932
- Pioneer Mill Co. v. WardHawaii Supreme Court · 1938
18 more not listed; retrieve them via the Exa API.