Gill v. Wallis
New Mexico Supreme Court
Appeal from the district court of Luna county, before Frank W. Parker, Associate Justice. “Occupation” implies that a person is in the actual bona fide possession of a lot as a. resident. Hussy y. Smith, 1 Utah 129; 17 Ency. L., p. 28. “Right of possession” is also a condition of the trust. This means more than occupation. Right is that which one person ought to have or receive from another, it being withheld from him, or not in his possession.
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Appeal from the district court of Luna county, before Frank W. Parker, Associate Justice. “Occupation” implies that a person is in the actual bona fide possession of a lot as a. resident. Hussy y. Smith, 1 Utah 129; 17 Ency. L., p. 28. “Right of possession” is also a condition of the trust. This means more than occupation. Right is that which one person ought to have or receive from another, it being withheld from him, or not in his possession. Bouvier’s Law Dictionary; Black’s Law Dictionary. The right of possession may reside in one 'man, while the other has the actual possession, being the…
1Opinion of the Court
OPINION OF THE COURT.
MoPIE, J.
The facts having been found and settled in the court below, the matter for determination by this court is wholly one of law. In the brief of appellant’s counsel we find the following statement and admission : “If this be correct reasoning, then it is sufficient to call the court’s attention to the fact that defendants in this action have simply proven, at best, that they are in ‘actual bona fide possession of the lots as residents.’ ” The effect of this is an admission, that the appellees have established the fact, that they were in actual bona fide possession of…
2Cases cited4 opinions
- Lechler v. ChapinNevada Supreme Court · 1877
- Hussey v. SmithUtah Supreme Court · 1873
- Pratt v. YoungUtah Supreme Court · 1876
- Cain Heirs v. YoungUtah Supreme Court · 1876
3Cited by1 opinion
- George R. v. Director of Revenue Divicsion TaxationNew Mexico Court of Appeals · 1980