Armijo v. Neher
New Mexico Supreme Court
Error to tbe district court of Bernalillo county, before J. W. Crump acker, Associate Justice. In New Mexico the statute prescribes that the rate of interest in the absence of a written contract fixing a different one shall be six per cent per annum on money received to the use of another, and retained without the owner’s consent, express or implied.
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Error to tbe district court of Bernalillo county, before J. W. Crump acker, Associate Justice. In New Mexico the statute prescribes that the rate of interest in the absence of a written contract fixing a different one shall be six per cent per annum on money received to the use of another, and retained without the owner’s consent, express or implied. Compiled Laws, New Mexico, 1897, sec. 2550. This claim for interest is founded on the clearest equity, and has the support of abundant authority. Earl v. Friend, 16 Gratt. 21. The court erred in not charging the defendant with interest on the…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
1 (after stating tbe foregoing facts).— Tbe first question presented is as to when tbe statute of limitations begins to run against a cotenant who seeks to recover bis share of tbe rents and profits of .the common estate. It may be stated generally that tbe statute of limitations operates-upon causes of action between cotenants to tbe same extent as between persons not within tbe relation of cotenancy. Tbe difficulty arises in determining when tbe statute begins to run. In regard to the possession of the subject of cotenancy, there is a presumption' that tbe…
2Cases cited4 opinions
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- Witherspoon v. BrummettNew Mexico Supreme Court · 1946
- Keyser v. MoreheadIdaho Supreme Court · 1913
- Phoenix Insurance v. Infogroup, Inc.District Court, S.D. Iowa · 2015
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