Johnston v. City of Albuquerque
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. Entering the land in question in pursuance of sec. 3753 under claim of right as the first occupier, was an appropriation, and continuous, open, adverse possession for the period mentioned in our statute of limitations, ten years, would ripen into a title by adverse possession as against tbe whole world.
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Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. Entering the land in question in pursuance of sec. 3753 under claim of right as the first occupier, was an appropriation, and continuous, open, adverse possession for the period mentioned in our statute of limitations, ten years, would ripen into a title by adverse possession as against tbe whole world. Probst v. Presbyterian Church, 129 U. S. 182; The Lessee of Ewing v. Burnett, 11 Pet 52; Dibble v. Land Co., 163 U. S. 72; Maxwell Land Grant Co. v. Dawson, 151 U. S. 606, 607; Solomon v. Yrissarri, 9…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
This is a suit brought by appellants to restrain the city of Albuquerque from trespassing upon and removing any soil, gravel, clay, or other substance, from the piece of land in controversy. The prayer of the complaint also asks that the title of the appellant, Johnston, to said land be established and quieted against the city of Albuquerque.
Previous to the passage of the act of Congress of February 18, 1901, which act is entitled, “An act to confirm in trust to the city of Albuquerque, in the Territory of New Mexico, the town of Albuquerque grant, and for…
2Cases cited9 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Trustees of the Freeholders & Commonalty v. KirkNew York Court of Appeals · 1881
- Draper v. ShootSupreme Court of Missouri · 1857
- Goodwin v. McCabeCalifornia Supreme Court · 1888
- Probst v. Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian ChurchSupreme Court of the United States · 1889
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3Cited by19 opinions
- Martinez v. MundyNew Mexico Supreme Court · 1956
- McGrath v. EichoffSupreme Court of Oklahoma · 1940
- Marquez v. PadillaNew Mexico Supreme Court · 1967
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- Horn v. Lawyers Title Insurance CorporationNew Mexico Supreme Court · 1976
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