Chambers v. Bessent
New Mexico Supreme Court
Appeal from District Court, Chaves County. The court erred in sustaining the demurrer to the non matter pleaded by appellant in his reply to plaintiffs amended answer to appellant’s cross-complaint.
Read the full summary
Appeal from District Court, Chaves County. The court erred in sustaining the demurrer to the non matter pleaded by appellant in his reply to plaintiffs amended answer to appellant’s cross-complaint. Newell on Ejectment, 738; Liggett v. Morgan, 11 S. W. 241; Foley v. Jones, 52 Mo. 64; Wells v. Halpin, 59 Mo. 92; Moore v. Granby Man. & S. Co., 80 Mo. 86; C. L. 1897, sec. 2918; Smith, Adnrr. v. Newby, 13 Mo. 163; sec. 34, chap. 22, Laws of' 1899; sec. 4092, C. L. 1897. The. court erred in admitting in evidence, as color of title, tax sale certificate issued to Otto Hedgcoxe. ' Secs. 4074, 4081,…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
The first error assigned by appellant is that: “The Court erred in sustaining the demurrer to the new matter pleaded by appellant in his reply to plaintiff’s amended answer to appellant’s cross complaint.” It is argued that the facts pleaded as new matter in appellant’s reply to appellee’s amended answer to appellant’s cross complaint, if true, would have amounted to a recognition on the part of appellee of appellant’s paramount title, and that appellee was not holding adversely to appellant’s rights, it being contended that appellee was thereby estopped from…
2Cases cited11 opinions
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Vane v. NewcombeSupreme Court of the United States · 1889
- Moore v. BrownSupreme Court of the United States · 1851
- Neal v. GregorySupreme Court of Florida · 1882
- Wilson v. AtkinsonCalifornia Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- Westerman v. City of CarlsbadNew Mexico Supreme Court · 1951
- Cahill v. MorrowSupreme Court of Rhode Island · 2011
- Martinez v. CookNew Mexico Supreme Court · 1952
- First State Bank at Gallup v. ClarkNew Mexico Supreme Court · 1977
21 more not listed; retrieve them via the Exa API.