Lockhart v. Leeds
New Mexico Supreme Court
Appeal from the District Court of Bernalillo county, Second Judicial District. Statement of facts by the court. The appellant filed a bill in equity in this case on the twenty-sixth day of May, 1894, to which the defendants demurred and the demurrer was sustained.
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Appeal from the District Court of Bernalillo county, Second Judicial District. Statement of facts by the court. The appellant filed a bill in equity in this case on the twenty-sixth day of May, 1894, to which the defendants demurred and the demurrer was sustained. Thereafter he filed an amended bill, to which a demurrer was also filed and sustained, and on January 6, 1896, the appellant, filed a “second” amended bill, to which a demurrer was also filed, and was sustained by the court on the sixteenth day of August, 1899, and the case dismissed. From the action of the court in sustaining the…
1Opinion of the CourtParker, J.
Mining lanas: Spanish grant: location ol mines. 1. The question to be determined is whether the appellant has by his bill stated a case which entitles him to any relief in a court of equity. A suit in ejectment involving the same mining claim, which is the subject of this litigation, was before this court, and the opinion deciding it will be found reported under the title of Lock-hart v. Wills, 54 Pac. Rep. 336. The appellees contend that upon the allegations of the bill, the remedy of the appellant is at law, and not in equity. We think this contention is well founded, and that the action of…
2Cases cited25 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Hipp v. BabinSupreme Court of the United States · 1857
- Hayward v. National BankSupreme Court of the United States · 1878
- Harding v. WheatonSupreme Court of the United States · 1826
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3Cited by2 opinions
- Federal National Mortgage Ass'n v. Rose Realty, Inc.New Mexico Supreme Court · 1968
- Johnson v. RyanNew Mexico Supreme Court · 1939