Reed v. Rogers
New Mexico Supreme Court
Appeal from District Court, Chaves County; John T. McClure, Presiding Judge. Sale or Exchange of Eeal Property. 39 Cyc., pp. 1405, 1406; 16 Ark. 433; 29 A. & E. Enc. 667. Mistake as to Title. 2nd Pom. Eq. Jur., 3rd Ed., Par. 849; 136 S. W., p. 310; 1 Edv. Ch. 467; 47 L- E. A. 267; 8 N. W. 605. Doctrine of Laches. 82 Kan. 485; Simpkins Eq., p. 81. STATEMENT OF FACTS.
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Appeal from District Court, Chaves County; John T. McClure, Presiding Judge. Sale or Exchange of Eeal Property. 39 Cyc., pp. 1405, 1406; 16 Ark. 433; 29 A. & E. Enc. 667. Mistake as to Title. 2nd Pom. Eq. Jur., 3rd Ed., Par. 849; 136 S. W., p. 310; 1 Edv. Ch. 467; 47 L- E. A. 267; 8 N. W. 605. Doctrine of Laches. 82 Kan. 485; Simpkins Eq., p. 81. STATEMENT OF FACTS. In August, 1908, the appellant agreed to exchange his lands in Stonewall County, Texas, consisting of about 666 acres and described as Surveys 320 and 329 of said county and state, for certain lands of the appellees in Eddy…
1Opinion of the Court
OPINION.
RAYNOLDS, D. J.
The appellant assigns error as follows :
1. The District Court erred in not sustaining plaintiffs motion for .judgment on the pleadings, because plaintiffs right to the rescission and cancellation prayed for in his complaint was fixed and determined by the charge in said complaint and. the admission in defendant’s answer that there had been a failure of title as to 160 acres of the 420 acres of land which defendants had attempted and pretended to convey to plaintiff.
2. The District Court erred in not giving judgment for plaintiff, after trial of this cause on the merits,…
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