Herington v. Herrera

BICKLEY, Chief Justice.

The issue here presented involves the question of whether, under the pleadings and the facts, the trial court was correct in refusing permission of appellants to introduce evidence of an equitable defense to appellee’s suit in ejectment, under a general denied. ■

Appellee Herington sued in ejectment to recover of appellants, the Herreras, possession of land which appellee claimed to own by recent purchase. She pleaded more fully than is required by statute for suits in ejectment (Sec. 105-1804, N.M.. Comp.Laws 1929), undertaking in her complaint to set up and show her…