Legal Opinion

Timberlake v. Southern Pacific Company

New Mexico Supreme Court

Decided October 27, 1969No. 8726PublishedCited by 4 opinions

1Opinion of the Court

OPINION

WATSON, Justice.

On February 25, 1907, Lera Page, predecessor in interest to plaintiff-appellant Timberlake, filed with the United States Land Office in Las Cruces a homestead entry on 131.44 acres of land in Dona Ana County, New Mexico. On March 21, 1907, El Paso and Southwestern Railroad Company, predecessor of defendant-appellee Southern Pacific Company, filed with the same land office a plat of survey showing the location of a 20 acre tract to be used as a station ground. The plat was filed pursuant to The General Railroad Right-of-Way Act of March 3, 1875, 43 U.S.C.A. §§ 934…

2Cases cited9 opinions

  1. Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
  2. Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
  3. Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
  4. Consolidated School District No. 102 v. WalterSupreme Court of Minnesota · 1954
  5. Sullivan v. Albuquerque Nat. Trust & Savings BankNew Mexico Supreme Court · 1947

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3Cited by4 opinions

  1. Southwest Land Investment, Inc. v. HubbartNew Mexico Supreme Court · 1993
  2. Nevarez v. State Armory BoardNew Mexico Supreme Court · 1972
  3. Nevarez v. State Armory BoardNew Mexico Supreme Court · 1972
  4. Robert M. Timberlake v. Southern Pacific CompanyCourt of Appeals for the Tenth Circuit · 1970

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