Legal Opinion

Dugan v. Montoya

New Mexico Supreme Court

Decided February 16, 1918No. 2098PublishedCited by 3 opinions

Appeal from District Court, McKinley County ; Raynolds, Judge. Action by Daniel P. Dugan against Alejandro Montoya, as Probate Judge of tlie County of McKinley, and others. Judgment for plaintiff, and defendant named appeals.

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, J.

This action was instituted in the court below by appellee against appellant as probate judge of the county of McKinley, state of New Mexico, and all or any parties unknown, interested in the land described in the complaint. The action was brought under the provisions of section 5516, Code 1915. This authorized the occupants of land embraced within lands patented to the probate judge as a town site, where such occupant had not reserved title thereto under the provisions of sections 5519 to 5522, inclusive, Code 1915, .by reason of such party having failed to…

2Cases cited75 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Smelting Co. v. KempSupreme Court of the United States · 1882
  3. Johnson v. TowsleySupreme Court of the United States · 1871
  4. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  5. Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913

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3Cited by3 opinions

  1. Offutt Housing Company v. County of SarpyNebraska Supreme Court · 1955
  2. Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
  3. Atchison, T. & S. F. RY. Co. v. DuganNew Mexico Supreme Court · 1921

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