E. M. Biggs Tie & Store Co. v. Arlington Land Co.
New Mexico Supreme Court
Appeal from District Court, Rio Arriba County; Raynolds, Judge. Action in equity for an injunction by E. M. Biggs Tie & Store Company against the Arlington Land Company and others, with intervention and cross-complaint by T. D. Burns and others. Order dissolving temporary injunction against the original defendants made the final judgment of the coart, and judgment disposing of rights of interveners other than Burns.
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Appeal from District Court, Rio Arriba County; Raynolds, Judge. Action in equity for an injunction by E. M. Biggs Tie & Store Company against the Arlington Land Company and others, with intervention and cross-complaint by T. D. Burns and others. Order dissolving temporary injunction against the original defendants made the final judgment of the coart, and judgment disposing of rights of interveners other than Burns. Objection to referee’s report overruled, and judgment entered for intervener, and plaintiff appeals.
1Opinion of the Court
OPINION OP THE COURT
ROBERTS, J.
Appellant, plaintiff below, commenced an action in equity in the district court of Rio Arriba county in April, 1913, against the Arlington Land Company, Chama Valley Land & Irrigation. Company, and others, based upon its contract, dated the 3rd day of January, 1911, with the Chama Valley Land & Irrigation Company, under which it claimed the right to cut all the merchantable timber upon the Tierra Amarilla land grant. The legal title to the land grant rested in the Arlington Land Company at the time the contract for the timber was entered into between the…
2Cases cited22 opinions
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Miller v. St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1901
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Ingle v. JonesSupreme Court of the United States · 1870
- Kessler v. Ensley Co.District Court, N.D. Alabama · 1903
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3Cited by2 opinions
- Park v. MilliganNew Mexico Supreme Court · 1921
- Gonzales v. GonzalesNew Mexico Supreme Court · 1973