Harrison v. Gallegos
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Tbe appellant pleaded not guilty, which by force of the statute, was an admission that he was in possession of the land at the time of the institution of the suit. Compiled Laws, N. M. 1897, Sec. 3166. Before he could recover he was bound to prove his right to the possession of the premises.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Tbe appellant pleaded not guilty, which by force of the statute, was an admission that he was in possession of the land at the time of the institution of the suit. Compiled Laws, N. M. 1897, Sec. 3166. Before he could recover he was bound to prove his right to the possession of the premises. Compiled Laws N. M. 1897, See. 3168. The party in possession of land is presumed to have a valid title thereto, and this presumption can be overcome only by proving title out of such party. Tyler on…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
— The ease at bar is a suit in ejectment, by which the appellee, Harrison, sought to eject appellant, Gallegos, from a tract of land situated in Bernalillo, Bernalillo county, New Mexico. The plaintiff, Harrison, loaned a small sum of money to one Vicente Gallegos, and to secure the payment of such loan took from said Vicente Gallegos and his wife a mortgage on the property in question; said mortgage was dated May 9th, 1890, and was due in one year from its date. The mortgage contained a pow.er of sale authorizing the mortgagee to sell the property on default…
2Cases cited8 opinions
- Florence Building & Investment Ass'n v. SchallSupreme Court of Alabama · 1894
- Simmons v. SprattSupreme Court of Florida · 1884
- Hall v. GittingsCourt of Appeals of Maryland · 1806
- Peck v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1885
- Smith v. BryanIndiana Supreme Court · 1881
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3Cited by2 opinions
- Blea v. SandovalNew Mexico Court of Appeals · 1988
- State v. Rudy B.New Mexico Court of Appeals · 2014