Hill v. Winkler
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Action, by A. D. Hill and another against Joe Winkler and another. From judgment for plaintiffs, defendants appeal. The common law rule that all persons must fence in their live stock does not obtain in this or a majority of the western states. P. V. & N. E. Ry. Co. v. Cazier, 13 N. M. 131; Sears v. Fewson, lo N. M.. 132; c. 13, L. 1909; c. 70, L. 1909; Walter v. Mullis, 12 Cal. 535, 73 Am.
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Appeal from District Court, Chaves County; McClure, Judge. Action, by A. D. Hill and another against Joe Winkler and another. From judgment for plaintiffs, defendants appeal. The common law rule that all persons must fence in their live stock does not obtain in this or a majority of the western states. P. V. & N. E. Ry. Co. v. Cazier, 13 N. M. 131; Sears v. Fewson, lo N. M.. 132; c. 13, L. 1909; c. 70, L. 1909; Walter v. Mullis, 12 Cal. 535, 73 Am. Dec. 561; Wagner v. Yissell, 3 Iowa, 396; McPheeters v. Hannibal, etc., Co., 45 Mo. 22; Campbell v. Bridwell, 5 Oreg. 311; Clarendon, etc., Co. v.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above. — This cause was presented in the trial court upon the issue of whether appellees had a first and prior right to graze the said tract of .government land by reason of prior occupancy thereof, and by reason of the further fact that they had acquired and developed permanent waters in connection therewith for the proper maintenance of such cattle. ;The question is to be disposed of by the consideration of ■the effect and validity of sections 127 and 128, C. L. 1897, which appear at sections 4628 and 4629, Code 1915. These sections…
2Cases cited5 opinions
- Light v. United StatesSupreme Court of the United States · 1911
- Buford v. HoutzSupreme Court of the United States · 1890
- Healy v. SmithWyoming Supreme Court · 1906
- Sears v. FewsonNew Mexico Supreme Court · 1909
- Pecos Valley & Northeastern Ry. Co. v. CazierNew Mexico Supreme Court · 1905
3Cited by18 opinions
- Walker v. United StatesNew Mexico Supreme Court · 2007
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- Grubb v. WolfeNew Mexico Supreme Court · 1965
- Scarbrough v. WootenNew Mexico Supreme Court · 1918
- In Re CalvoNevada Supreme Court · 1927
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