Springer v. Wasson
New Mexico Supreme Court
Appeal from District Court, Quay County; Leib, Judge. Action of forcible entry and detainer by W. R. Springer against J. R. Wasson. Judgment for plaintiff on a trial de novo upon an appeal from.the judgment of a justice’s court for plaintiff, and defendant appeals. STATEMENT OP PACTS.
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Appeal from District Court, Quay County; Leib, Judge. Action of forcible entry and detainer by W. R. Springer against J. R. Wasson. Judgment for plaintiff on a trial de novo upon an appeal from.the judgment of a justice’s court for plaintiff, and defendant appeals. STATEMENT OP PACTS. This is an action in forcible-entry and detainer filed in the justice court of precinct No. 1, Quay county, N. M., August 3, 19:15, in which case a written complaint was filed, wherein it was alleged; “Oni this third day of August, A. D. 1915, personally appeared Wilson. R. Springer, before the court of Samuel…
1Opinion of the CourtHanna, C. J.
(after stating the facts as above). There are numerous assignments of error, many of which raise the same fundamnetal questions, and these questions will be considered in the order presented by appellant’s brief.
The first and most important question upon which this case turns is that the appellee wholly failed to establish his right of possession to the property claimed to have been forcibly detained. As we have shown, this question is primarily based upon the fact that appellee relied upon the sheriff’s certificate of sale without introducing any evidence, such as the judgment or other…
2Cases cited3 opinions
- Douglass v. LowellSupreme Court of Kansas · 1899
- Leary v. NewIndiana Supreme Court · 1883
- Carbine v. MorrisIllinois Supreme Court · 1879
3Cited by4 opinions
- Springer v. WassonNew Mexico Supreme Court · 1919
- Heron v. KellyNew Mexico Supreme Court · 1944
- Puckett v. WalzNew Mexico Supreme Court · 1937
- Jorgensen v. McAllisterIdaho Supreme Court · 1921