Legal Opinion

Hester v. Sawyers

New Mexico Supreme Court

Decided September 7, 1937No. 4230PublishedCited by 60 opinions

1Opinion of the Court

BRICE, Justice.

It will be unnecessary to refer to the pleadings. The question is whether the district court erred in holding that appellee has title by prescription to a right of way over appellant’s land.

If there is substantial evidence to support the findings and judgment of the court, it will not be disturbed by us. The evidentiary facts are practically undisputed and are as follows:

The parties are adjoining landowners. At the time and before appellee bought his property in 1920, appellant was the owner of the land over which the easement is 'claimed. Persons owning land on three sides had…

2Cases cited41 opinions

  1. Clarke v. ClarkeCalifornia Supreme Court · 1901
  2. Pitzman v. BoyceSupreme Court of Missouri · 1892
  3. Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
  4. Waller v. HildebrechtIllinois Supreme Court · 1920
  5. Boullioun v. ConstantineSupreme Court of Arkansas · 1932

36 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Cox v. CoxIdaho Supreme Court · 1962
  2. Martinez v. MartinezNew Mexico Supreme Court · 1979
  3. Martinez v. MundyNew Mexico Supreme Court · 1956
  4. Lovelace v. HightowerNew Mexico Supreme Court · 1946
  5. Sanchez v. Dale Bellamah Homes of New Mexico, Inc.New Mexico Supreme Court · 1966

55 more not listed; retrieve them via the Exa API.

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