Pankey v. Ortiz
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Benjamin F. Pankey against Antonio Ortiz and others. Decree for plaintiff, and defendants appeal. The court was without jurisdiction to try this case as it did. Security Co. v. Bank, 164 Pac. 829, 830; Ely v. N. M. & Ariz. R. R. Co. 129 U. S., 291; Holland v. Challen, 110 U. S. 15, 25; Scott v. Neely, 140 ü.
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Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Benjamin F. Pankey against Antonio Ortiz and others. Decree for plaintiff, and defendants appeal. The court was without jurisdiction to try this case as it did. Security Co. v. Bank, 164 Pac. 829, 830; Ely v. N. M. & Ariz. R. R. Co. 129 U. S., 291; Holland v. Challen, 110 U. S. 15, 25; Scott v. Neely, 140 ü. S., 106, 115; Frost v. Spitley, 121 U. S., 552-557; Whitehead vé Shattuck, 138 U. S., 146, 150, et seq.; More v. Steinbach, 127 U. S., 70; Donahue v. Meister, 88 Cal., 121, 22 Am. St. 283; Hammer v. Mining Co., 130 U. S.,…
1Opinion of the Court
OPINION OP THE COURT.
Raynolds, J.
This is a suit in equity begun May 1, ■1909, by the plaintiff, Pankey, to quiet title and to obtain an injunction against the defendants restraining them from trespassing on a tract of land known as the Cadillal, alleged to be within the Baton or San Cristo-bal grant, of which plaintiff claims to be the owner.
The complaint sets up that the defendants during the year 1908 erected a fence upon the Cadillal tract and are now cultivating the soil of the said tract without permission of the plaintiff and are preventing the plaintiff from farming the same,' that…
2Cases cited50 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Cummings v. National BankSupreme Court of the United States · 1880
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Hale v. AllinsonSupreme Court of the United States · 1903
45 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Evans Financial Corp. v. StrasserNew Mexico Supreme Court · 1983
- Quintana v. VigilNew Mexico Supreme Court · 1942
- Ross v. ThompsonSupreme Court of Oklahoma · 1935
- Harlan v. SparksCourt of Appeals for the Tenth Circuit · 1942
17 more not listed; retrieve them via the Exa API.