Moore v. Western Meat Co.
New Mexico Supreme Court
Appeal from the District Court for the County of Bernalillo, before Ira A. Abbott, Associate Justice. Affirmed. The mere fact that one is in possession of the lands of another does not of itself,, establish a tenancy. The conventional relation of landlord and tenant is wanting. McAdam on Landlord and Tenant, vol.
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Appeal from the District Court for the County of Bernalillo, before Ira A. Abbott, Associate Justice. Affirmed. The mere fact that one is in possession of the lands of another does not of itself,, establish a tenancy. The conventional relation of landlord and tenant is wanting. McAdam on Landlord and Tenant, vol. I, 3 ed., see. 42; Bancroft v. Wardwell, 13 Johns, N. Y. O. L. Bep. 439; Smith v. Stewart, 6 Johns, N. Y. O. L. Bep. 46; West v. Smith, 8 How., H. S. 412; Lloyd v. Hough, 1 How., H. S. 157; Croswell v. Crane, 7 Barb. Bep. N Y. 192; Hill v. H. S., 149 H. S. 598; Carpenter v. H. S., 17…
1Opinion of the Court
OPINION OF THE COURT.
WRIGHT, J.
The defendant by its assignment of errors sets out seventeen alleged errors, but for the purpose of this appeal the same have been divided into four groups, and will be so considered in this opinion.
1 1. The first contention advanced by appellants relates to the refusal of the court to direct a verdict in favor of defendant at the conclusion of the plaintiffs evidence, for the reason that the plaintiff had failed to establish the conventional relationship of landlord and tenant between the plaintiff and defendant,, which is a necessary element io maintain an…
2Cases cited16 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Runkle v. BurnhamSupreme Court of the United States · 1894
- Dwight v. CutlerMichigan Supreme Court · 1855
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3Cited by3 opinions
- Paar v. City of PrescottArizona Supreme Court · 1942
- Heiselt Const. Co. v. Morrison-Knudsen Co.Court of Appeals for the Tenth Circuit · 1949
- La Cueva Ranch Co. v. BrewerCourt of Appeals for the Seventh Circuit · 1927