Sandoval v. Perez
New Mexico Supreme Court
Appéal from District Court, Sandoval County; Ray-nolds, Judge. Action by Jesus M. Sandoval against Maximum Perez and another. Judgment for plaintiff, and defendants appeal.
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Appéal from District Court, Sandoval County; Ray-nolds, Judge. Action by Jesus M. Sandoval against Maximum Perez and another. Judgment for plaintiff, and defendants appeal. If the holding of the Court below is the law, then the open, notorious and exclusive adverse possession of realty with claim of' title and payment of taxes, however long continued, is unavailing against the original ' record owner or his vendees, — unless such possession and pay-' ment of taxes is accompanied by some sort of a writing as ‘ ‘ color of title! ’ ’ Surely this can not be the law! because : The purpose of…
1Opinion of the Court
OPINION OP THE COURT,
ROBERTS, J.
Appellee sued appellants in ejectment, and recovered judgment by default. The land involved was a section of what is known as ‘ ‘ railroad land,” having been granted to the Atlantic & Pacific Railroad Company by act of Congress. Appellants some time after the judgment had been entered moved the court to set aside and vacate the judgment upon the ground that process had been served upon the wife of the appellant Maximinio Perez while she was sick in bed, her husband being absent; that, without reading the. summons or appreciating what it was, she had given it to…
Also in this document: Concurrence.
2Cited by7 opinions
- Archuleta v. PinaNew Mexico Supreme Court · 1974
- Birtrong v. Coronado Building Corp.New Mexico Supreme Court · 1977
- Heaton v. MillerNew Mexico Supreme Court · 1964
- Village of Cloudcroft v. PittmanNew Mexico Supreme Court · 1957
- Williams v. BeckmarkNebraska Supreme Court · 1946
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