Legal Opinion

Winslow v. Burns

New Mexico Supreme Court

Decided January 8, 1943No. 4721PublishedCited by 6 opinions

1Opinion of the Court

BICKLEY, Justice.

This is an action commenced by plaintiff (appellee) to recover possession of a mining claim. The case was tried to the court.

The court made findings of fact, in substance that plaintiff had performed all necessary acts in locating this mining claim. The defendant (appellant) attacks these findings as not being supported by substantial evidence.

In this sort of possessory action, it is the duty of the court to consider the strength of the possessory title of each of the adversary parties. Upton v. Santa Rita Min. Co., 14 N.M. 96, 89 P. 275.

In Johnson v. Ryan, 43 N.M. 127, 86…

2Cases cited6 opinions

  1. Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
  2. Johnson v. RyanNew Mexico Supreme Court · 1939
  3. Palmer v. WelchMissouri Court of Appeals · 1913
  4. Ricks v. StateCourt of Appeals of Georgia · 1910
  5. Tweedy v. ParsonsCalifornia Supreme Court · 1933

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Bagg v. New Jersey Loan CompanyArizona Supreme Court · 1960
  2. Holler v. INDUSTRIAL COM'N OF ARIZ.Arizona Supreme Court · 1984
  3. Columbia Standard Corporation, a Nevada Corporation v. Ranchers Exploration & Development, Inc., a New Mexico CorporationCourt of Appeals for the Tenth Circuit · 1972
  4. Holler v. INDUSTRIAL COM'N OF ARIZ.Arizona Supreme Court · 1984
  5. Thompson v. Occidental Life Ins. Co. of Cal.New Mexico Court of Appeals · 1977

1 more not listed; retrieve them via the Exa API.

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