La Cueva Ranch Co. v. Brewer

ALSCHULER, Circuit Judge.

Since our prior opinion in this case, reported in 283 F. 963, the plaintiff, who is here plaintiff in error, amended its declaration to include a demand for use and occupation of the New Mexico ranch while defendants were in alleged occupancy of it under a contract of purchase, which they failed to carry out.

The court sustained, plaintiff’s demurrer to defendants’ plea of the statute of limitations to the amended declaration, and we believe properly so. In the first opinion we expressed doubt whether the prior declaration sufficiently charged use and occupation of the…