Canavan v. Dugan
New Mexico Supreme Court
Appeal, from the District Court of Bernalillo County, Second Judicial District. Statement of the case by the court. It appears from the record that the plaintiff below, Cana-van, made a coal entry of the S. E. J4 of the S. E. J4 of section 10, in township 15, N. of R. 18 W. of the New Mexico Pr.
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Appeal, from the District Court of Bernalillo County, Second Judicial District. Statement of the case by the court. It appears from the record that the plaintiff below, Cana-van, made a coal entry of the S. E. J4 of the S. E. J4 of section 10, in township 15, N. of R. 18 W. of the New Mexico Pr. M. He had opened a coal mine previous to his filing and entered into a partnership with the defendant, Dugan, to operate the same, which was done, and large quantities of coal mined and sold therefrom. Disagreements arising between them, a bill was filed by Canavan for a settlement and winding up of…
1Opinion of the CourtParker, J.
It will thus be seen that the only question in this case is as to the true location on the ground of the section line between sections 10 and 15. Defendant claims the corner common to sections 10, 11, 14 and 15 to be at a point about one hundred and fifty feet south of the coal mine, and that consequently the mine is in section 10 and the railroad company have no interest in it. Intervenor claims the corner in question to be nine hundred and sixty feet north of the point claimed by defendant, and that consequently the mine is on section 15 and intervenor is entitled to recover.
The township…
2Cases cited6 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Horne v. SmithSupreme Court of the United States · 1895
- McClintock v. RogersIllinois Supreme Court · 1849
- Martin v. CarlinWisconsin Supreme Court · 1865
- Bauer v. GottmanhausenIllinois Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Murray Hotel Co. v. GoldingNew Mexico Supreme Court · 1950
- Velasquez v. CoxNew Mexico Supreme Court · 1946
- Cordova v. Town of AtriscoNew Mexico Supreme Court · 1949