Pankey v. Ortiz
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Benjamin F. Pankey against Antonio Ortiz and others. Decree for plaintiff, and defendants appeal. The court was without jurisdiction to try this case as it did. Security Co. v. Bank, 164 Pac. 829, 830; Ely v. N. M. & Ariz. R. R. Co. 129 U. S., 291; Holland v. Challen, 110 U. S. 15, 25; Scott v. Neely, 140 ü.
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Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Benjamin F. Pankey against Antonio Ortiz and others. Decree for plaintiff, and defendants appeal. The court was without jurisdiction to try this case as it did. Security Co. v. Bank, 164 Pac. 829, 830; Ely v. N. M. & Ariz. R. R. Co. 129 U. S., 291; Holland v. Challen, 110 U. S. 15, 25; Scott v. Neely, 140 ü. S., 106, 115; Frost v. Spitley, 121 U. S., 552-557; Whitehead vé Shattuck, 138 U. S., 146, 150, et seq.; More v. Steinbach, 127 U. S., 70; Donahue v. Meister, 88 Cal., 121, 22 Am. St. 283; Hammer v. Mining Co., 130 U. S.,…
1ConcurrenceRoberts, C. J.
(specially concurring). "While I concur fully in the opinion written by Justice Ray-nolds, this case is of such vital importance to the owners of land grants within this state that I feel that it is but fair to them that I should set forth my con1 elusions, formed after a careful and painstaking research of the authorities, as to the right of a party to proceed by a suit in equity to quiet his tile to real estate against a defendant in posession of the real estate in controversy. In the present case the matter was first raised by a demurrer to the complaint. The demurrer was probably properly…
2Cases cited26 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Buzard v. HoustonSupreme Court of the United States · 1886
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Hipp v. BabinSupreme Court of the United States · 1857
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