Chavez v. Torlina
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Allegations of title arc material in actions respecting personalty as well as in those concerning realty, and when made must be strictly proven, any material variance between the allegations and the proof thereof being fatal. Ene.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. Allegations of title arc material in actions respecting personalty as well as in those concerning realty, and when made must be strictly proven, any material variance between the allegations and the proof thereof being fatal. Ene. P. & P., vol. 21, pp. 712, 740; Great Falls Co. v. Worster, 15 N H. 460; St. Joseph Ice Co. v. Berteh, 71 N. E. 56 (58); Davis v. Jewett, 13 N. H. 90 (91); C. L.- 1897, sec. 2685, sub-secs. 32, 49; Ogden v. Moore, 95 Mich. 290 (294); Bangor O. and M. R. R. Co. r. Thomas,…
1Opinion of the Court
OPINION OP THE COURT.
McFIE, J.
There were two surveys made of the Baca Addition, one in 1880 and the other in 1881, and both were recorded. The lots are numbered the same, but the land is not. In the survey of 1880, the lots are twenty-five feet wide, but according to the second survey in 1881, the lots are twenty-five feet wide, except lot 3, block 2, which is only twenty-two feet wide. Santiago Baca, the owner of the addition, made his conveyances of lots 2 and 3, block 2, according to the survey and plat made in 1880, although he appears to have had both surveys made.
Baca and wife conveyed…
2Cases cited4 opinions
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Prince v. CaseSupreme Court of Connecticut · 1835
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- McLeran v. BentonCalifornia Supreme Court · 1887
3Cited by14 opinions
- Howell Ex Rel. Howell v. BurkNew Mexico Court of Appeals · 1977
- Tipton v. ClowerNew Mexico Supreme Court · 1960
- Bogart v. HesterNew Mexico Supreme Court · 1959
- Latimer Ex Rel. Grayes v. City of ClovisNew Mexico Court of Appeals · 1972
- Snider v. Town of Silver CityNew Mexico Supreme Court · 1952
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