Baca v. Unknown Heirs of Palaez
New Mexico Supreme Court
Appeal from District Court, Sandoval County; M; 'C. Mechem, Judge. Action by Trinidad Baca and others against the unknown heirs of Jacinto Palaez, deceased, and others. From judgment for plaintiffs, defendants appeal. (Brief on merits.) The 'transcript is imperfect and insufficient for the purpose of reviewing this case on appeal. No bill of exceptions was ever made up and only a portion of the evidence carried into transcript.
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Appeal from District Court, Sandoval County; M; 'C. Mechem, Judge. Action by Trinidad Baca and others against the unknown heirs of Jacinto Palaez, deceased, and others. From judgment for plaintiffs, defendants appeal. (Brief on merits.) The 'transcript is imperfect and insufficient for the purpose of reviewing this case on appeal. No bill of exceptions was ever made up and only a portion of the evidence carried into transcript. The certificate is not in the form required by law. Ch. 57, Laws of 1907. The duty of framing and settling a bill of exceptions is judicial. Elliott on App. Pro., Sec.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
— This action was instituted in the court below by Trinidad Baca and other named plaintiffs against the unknown heirs of Jacinto Palaez, deceased, and other named defendants, for the partition of a tract of latid known as the “La Majada grant,” embracing approximately 54,404.1 acres, situated in the counties of Sandoval and Santa Fé, this state. Upon issue joined, the caus'e was, by agreement of the parties, siibmitted to Harry P. Owen, as referee, who took the evidence and reported the same to the court with his findings of fact and conclusions of law…
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