Van Patten v. Boyd
New Mexico Supreme Court
Appeal from District Court, Doña Ana County; E. L. Medler, Judge. Action by Eugene Van Patten against Nathan E. Boyd; Prom judgment for plaintiff, defendant appeals. Boyd had no vested right as against the U. S., but by reason of his valid and subsisting homestead entry he did have such right as against the appellee.
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Appeal from District Court, Doña Ana County; E. L. Medler, Judge. Action by Eugene Van Patten against Nathan E. Boyd; Prom judgment for plaintiff, defendant appeals. Boyd had no vested right as against the U. S., but by reason of his valid and subsisting homestead entry he did have such right as against the appellee. Shepley v. Cowan, 91 D. S. 330, 23 L. Ed. 424. Equity will declare and enforce a trust as to the land on account of the false and fraudulent evidence adduced by appellee before the Land Department. Bodley v. Taylor, 5 Cranch 191, 3 L. Ed. 75; Board-man v. Eeed, 6 Pet. 342, 8 L.…
1Opinion of the Court
OPINION OF THE COURT.
BOBEBTS, C. J.
— On September 15, 1909, appelleeinstituted this action in the court below against appellant, with the stock form of complaint in ejectment, to recover possession of the lands in dispute, which were occupied by appellant, basing his claim of title upon a patent issued by the United States. After proceedings, not included in the transcript of record, on December 2, 1912, appellant filed his second amended answer and counterclaim, in the nature of a bill in euity, seeking to enforce a trust and conveyance of the land in question from appellee to-appellant.…
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