Baum v. Longwell
District Court, D. New Mexico
In Equity. Suit by O. H. Baum, personally and as trustee for H. B. Holt, H. M. Maple, Isabel C. Maple, H. M. Daugherty, and E. E. Roudebush against Horace C. Eongwell. On demurrer to bill.
1Opinion of the Court
POPE, District Judge.
[1] This is a suit to quiet title to certain real estate. Independent of statute, a bill such as this cannot be maintained save by a party in possession. Jones v. McKenzie, 122 Fed. 390, 393, 58 C. C. A. 96. By statute of New Mexico (Comp. Laws, § 4010), as in many other states, this requirement is dispensed with, and the action may be maintained by any one, whether in or out of possession,” against any one “claiming title thereto.” Such action may be maintained in the federal courts, as well as in the state courts. Holland v. Challen, 110 U. S. 15, 3 Sup. Ct. 495, 28 L.…
2Cases cited27 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Cates v. AllenSupreme Court of the United States · 1893
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3Cited by3 opinions
- Pankey v. OrtizNew Mexico Supreme Court · 1921
- Hawthorne v. FisherDistrict Court, N.D. Texas · 1940
- Knabel v. EscuderoNew Mexico Supreme Court · 1927