Otero v. City of Albuquerque
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Alfred J. Otero against the City of Albuquerque. From a judgment for plaintiff, defendant appeals. Title passes even where deed is procured by fraud.
Read the full summary
Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Alfred J. Otero against the City of Albuquerque. From a judgment for plaintiff, defendant appeals. Title passes even where deed is procured by fraud. Hewett v. Clark, 91 111. 605; Evans v. Hovan, 52 Md. 602; Bassett v. Brown, 105 Mass. 551; Deputy v. Staple-ford, 19 Cal. 302; Grant v. Burnett, 90 111. 513; Cook v. Moore, 39 Tex. 255; Crocker v. Bellangee, 6 Wis. 645; Gage v. Gage, 29 N. H. (9 Fost.) 533; Howe v. Woolsey, 2 Édwds. 289; Swan v. Castleman, 63 Tenn (4 Baxtor) 257; 70 Am. Dec. 489. The pretended deed…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
On the 18th day of July, 1894, Perfecto Armijo and wife leased unto the city of Albuquerque certain premises within said city, to be used by said city for a city hall and other purposes. The lease was for a term of five years, was in writing, and contained the following provision which only is material to the present controversy:
“Said party of the second part (city of Albuquerque) further covenants with the said parties of the fust part, that at the expiration of the time mentioned in this instrument as the term of the lease, peaceable possession of the said…
2Cases cited7 opinions
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Baylies v. IngramAppellate Division of the Supreme Court of the State of New York · 1903
- City of Chicago v. PeckIllinois Supreme Court · 1902
- Hately v. MyersAppellate Court of Illinois · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allen v. Allen Title CompanyNew Mexico Supreme Court · 1967
- Upson v. Goodland State Bank & Trust Co.Supreme Court of Colorado · 1992
- Dees v. DismukeNew Mexico Supreme Court · 1925
- Merrill v. KleinNew Mexico Supreme Court · 1947
- Lange v. Wyoming National Bank of CasperWyoming Supreme Court · 1985
4 more not listed; retrieve them via the Exa API.