Kemp Lumber Co. v. Whitlatch
New Mexico Supreme Court
Appeal from District Court, Guadalupe County; D. J. Leahy, Judge. Action by the Kemp Lumber Company, a corporation, against W. T. Whitlatch and others. From judgment for plaintiff, defendants appeal. The • complaint fails to state facts sufficient to constitute a cause of action,, for -it appears therefrom that plaintiff does not come within the statute.
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Appeal from District Court, Guadalupe County; D. J. Leahy, Judge. Action by the Kemp Lumber Company, a corporation, against W. T. Whitlatch and others. From judgment for plaintiff, defendants appeal. The • complaint fails to state facts sufficient to constitute a cause of action,, for -it appears therefrom that plaintiff does not come within the statute. Secs. 3918 to 3981, inch, C. L. 1891; secs. 3911 to 4009, inch, C. L. 1891; Cofield v. McClemmand, 16 Wall. 331; Tucker v. McCoy, 3 Colo. 284; Territory v. Deegan, 3 Mont. 82; Amy v. Amy, 12 Utah, 218, 42 Pac. 1121; Drake v. Eeggel, 10 Utah,…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
'This is a suit brought to cancel certain deeds, enforce the execution of' a deed, and quiet title to certain lots. From the pleadings and proof it appears that in 1903 the United States reserved certain lands near Sunnyside, Guadalupe county, N. M., for an irrigation canal project, withdrawing the same from entry. In April, 1910, Thomas G. Sawkins and the defendant Whitlateh determined that a .strip of land near Sunnyside was not within the outboundaries of the irrigation canal reserved by the United States, and thereupon Sawkins actually .settled .upon the.…
2Cases cited6 opinions
- Cofield v. McClellandSupreme Court of the United States · 1873
- Amy v. AmyUtah Supreme Court · 1895
- Drake v. ReggelUtah Supreme Court · 1894
- Tucker v. McCoySupreme Court of Colorado · 1877
- Rogers v. ThompsonUtah Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hutcheson v. AthertonNew Mexico Supreme Court · 1940
- City of Socorro v. CookNew Mexico Supreme Court · 1918
- Alvarez v. Board of Trustees of La Union TownsiteNew Mexico Supreme Court · 1957