Neher v. Armijo
New Mexico Supreme Court
Appeal from tbe district court of Bernalillo county, before J. W. Cbumpackbb, A. J. STATEMENT OF THE CASE. This is a suit for partition commenced by appellant against appellees in the district court of the Second Judicial district to procure the sale of a lot and building thereon in the city of Albuquerque.
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Appeal from tbe district court of Bernalillo county, before J. W. Cbumpackbb, A. J. STATEMENT OF THE CASE. This is a suit for partition commenced by appellant against appellees in the district court of the Second Judicial district to procure the sale of a lot and building thereon in the city of Albuquerque. Appellant alleged that he and his grantors had made valuable improvements on the premises, and prayed for an accounting as to the value of such improvements and for a sale and division of the proceeds, after allowing for such improvements. Appellees filed a cross-complaint, alleging that…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
1 The first point presented by the appellant is the effect of the judgment in ejectment upon the rights of the parties in this suit. At common law, ejectment was nominally a mixed action, but recovery was bad only for nominal damages. Following the judgment in ejectment, the successful plaintiff had an action in the form of trespass m et armis, but in effect to recover rents and profits. 1 Chitty, Pleadings, 193. If brought in the name of lessor of the plaintiff, who was the. real party in interest, recovery could be had for rents and profits received by the…
2Cases cited8 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Grayson v. LynchSupreme Court of the United States · 1896
- Lee v. BowmanSupreme Court of Missouri · 1874
- Parsons v. MosesSupreme Court of Iowa · 1864
- Lippett v. KelleySupreme Court of Vermont · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brooks v. YarbroughCourt of Appeals for the Tenth Circuit · 1930
- Baca v. PereaNew Mexico Supreme Court · 1919
- Allen v. AllenNew Mexico Supreme Court · 1948
- Blacklock v. FoxNew Mexico Supreme Court · 1919
- Goode v. Colorado Investment Loan Co.New Mexico Supreme Court · 1911
9 more not listed; retrieve them via the Exa API.