Patten v. Balch
New Mexico Supreme Court
Appeal from the District Court for Eoosevelt County before W. H. Pork, Associate Justice. Where the description does not identify the land, nor state directly where it is, nor indicate any extrinsic -fact, from which its locality can be ascertained and fixed, specific performance cannot be decreed, nor can parol evidence be received to fix the locality. Warvelle on Vendors, vol. I, 2 ed. p. 128, secs. 96, 97; 19 Cyc.
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Appeal from the District Court for Eoosevelt County before W. H. Pork, Associate Justice. Where the description does not identify the land, nor state directly where it is, nor indicate any extrinsic -fact, from which its locality can be ascertained and fixed, specific performance cannot be decreed, nor can parol evidence be received to fix the locality. Warvelle on Vendors, vol. I, 2 ed. p. 128, secs. 96, 97; 19 Cyc. Law and Procedure, 1173; 55 Schuster v. Gray, Pacific 489; Barnes v. Cox, 41 Pacific 557; Schlattler v. Gassinelli, 19 S. W. 746. Regular order of pleading was not observed by…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
This is an action of forcible entry and unlawful detainer, originally brought before a justice of the peace. In his complaint the plaintiff, appellee here, alleged that on the 21st day of March, 1908, he was lawfully possessed and entitled to 'the possession of the certain described tract of land and' “being so lawfully possessed and entitled to the possession as aforesaid,” the defendant then and there “unlawfully and with force entered into and upon the said tract or parcel of land, and detained and held the possession thereof, and as such detains and holds…
2Cited by3 opinions
- Heron v. RamseyNew Mexico Supreme Court · 1941
- Heron v. KellyNew Mexico Supreme Court · 1944
- Heron v. KellyNew Mexico Supreme Court · 1944