Legal Opinion

Gray v. Titsworth

New Mexico Supreme Court

Decided September 3, 1920No. 2453PublishedCited by 3 opinions

Appeal from District Court, Lincoln County; Ed Mechem, Judge. Suit by Sarah C. Gray, against George A. Tits-worth and others. Judgment for plaintiff in justice court, and in the district court on an appeal and a trial de novo, and defendants appeal.

1Opinion of the Court

OPINION OF THE COURT.

ROBERTS, J.

Appellee filed suit against the appellants before a-justice of the peace of Lincoln county for forcible entry and detainer. The complaint in reality stated a cause of action in ejectment only, but the parties in the court below treated it as an action in forcible entry and detainer, and it was tried upon that theory. Appellee had judgment before the justice of the peace, and an appeal was taken to the district court. There, upon a trial de novo, appellee again had judgment for possession, and appellants have brought the case to this court for review.

[1] It is…

2Cases cited2 opinions

  1. Canavan v. CanavanNew Mexico Supreme Court · 1913
  2. Murrah v. AcreyNew Mexico Supreme Court · 1914

3Cited by3 opinions

  1. Nikolich v. Slovenska Nardona Podporna JednotaNew Mexico Supreme Court · 1927
  2. Heron v. KellyNew Mexico Supreme Court · 1944
  3. Nikolich v. Slovenska Nardona Podporna JednotaNew Mexico Supreme Court · 1927

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