Mitchell v. Frietze
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Medler, Judge.- Suit to quiet title by James P. Mitchell and- others against Guadalupe C. Frietze and others. From a decree for complainants, defendants appeal. The several assessments in the names of the heirs of certain persons, without enumerating them, were authorized by law.
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Appeal from District Court, Dona Ana County; Medler, Judge.- Suit to quiet title by James P. Mitchell and- others against Guadalupe C. Frietze and others. From a decree for complainants, defendants appeal. The several assessments in the names of the heirs of certain persons, without enumerating them, were authorized by law. Sec. 2814, C. L. 1884; sec. 281.2, C. L. 1884; sees. 2814, 2822, 2825, 2847, 2848, C. L. 1884; Batchelder v. City of Cambridge, 57 N. E. 664; Inhabitants of Elliott v. Spinney, 69 Me. 31; Kelly v. Herrall, 20 Fed. 366; U. S. v. Hodson, 77 H. S. 395; Bacon v. Bd. St. Tax…
1Opinion of the Court
OPINION OF THE COURT.
PABKEE, J.
— This is a suit to quiet title resulting in a decree for plaintiffs and appellees. Plaintiffs relied upon certain mesne conveyances showing a good paper title, which are not questioned by defendants and appellants. Appellants relied upon a tax title. The tax sale was made April 10, 1886, and the tax deed was made April 15, 1890. Both parties claim under a common former owner. It therefore becomes necessary to examine the tax title of appellants, the lower court having held the same to be void. The assessment and levy of the taxes which resulted in the tax deed…
Also in this document: Concurrence.
2Cited by1 opinion
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