Third National Exchange Bank v. Smith
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; E. L. Medler, Judge. Action by the Third National Exchange Bank of San-dusky, Ohio, and another against D. B. Smith and another. From judgment for plaintiffs, defendants appeal. The owners of the Refugio Colony Grant had the right under express provisions of law to have their boundaries established and their title confirmed, and the judgment, not having been appealed from, became binding upon them.
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Appeal from District Court, Dona Ana County; E. L. Medler, Judge. Action by the Third National Exchange Bank of San-dusky, Ohio, and another against D. B. Smith and another. From judgment for plaintiffs, defendants appeal. The owners of the Refugio Colony Grant had the right under express provisions of law to have their boundaries established and their title confirmed, and the judgment, not having been appealed from, became binding upon them. The act creating the Court of Private Land Claims was passed for the purpose of settling good faith claims to such lands. They cannot persist in…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
(after stating the facts as above)— When this case was before this court at a former hearing (17 N. M. 166, 125 Pac. 632), the court had for consideration only the complaint, answer, and demurrer thereto. The answer proceeded upon the theory that the notes and trust deed were illegal, in that they were made in the course of, and.as a part of, a deed of sale and assertion of exclusive possession of vendor and vendee of public lands of the United States, of which appellees had notice, being parties to said illegal transaction. The answer also set up the…
2Cases cited4 opinions
- Searl v. School Dist. No. 2 in Lake Cty.Supreme Court of the United States · 1890
- Cameron v. United StatesSupreme Court of the United States · 1893
- McCagg v. HeacockIllinois Supreme Court · 1864
- Tidwell v. Chiricahua Cattle Co.Arizona Supreme Court · 1898
3Cited by6 opinions
- Thurmond v. EspalinNew Mexico Supreme Court · 1946
- In Re Estate of DuranNew Mexico Supreme Court · 2003
- Madrid v. RodriguezNew Mexico Supreme Court · 2003
- Beecher v. TinninNew Mexico Supreme Court · 1920
- Palmer v. Denver & Rio Grande Western Railroad Co.New Mexico Supreme Court · 1966
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