McBee v. O'Connell
New Mexico Supreme Court
•Appeal from District Court, Curry' County; Granville A. Richardson, Presiding Judge. Rule general, if not universal, that open, notorious, exclusive and unequivocal possession of land under parol or unrecorded contract for purchase thereof, or under unrecorded bond for title is constructive notice to subsequent purchasers or incumbrancers thereof, and to every one, of the possessor’s interest therein, and of character and extent of his claim, 19 Ala. 481; 66 Ala. 292; 120…
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•Appeal from District Court, Curry' County; Granville A. Richardson, Presiding Judge. Rule general, if not universal, that open, notorious, exclusive and unequivocal possession of land under parol or unrecorded contract for purchase thereof, or under unrecorded bond for title is constructive notice to subsequent purchasers or incumbrancers thereof, and to every one, of the possessor’s interest therein, and of character and extent of his claim, 19 Ala. 481; 66 Ala. 292; 120 Ala. 112; 16 Ark. 340; 17 Fla. 876; 103 Ga. 159; 118 111. 354; 174 111. 371; 199 111. 458; 30 Ind. App. 549; 77 la. 37;…
1Opinion of the Court
OPINION.
HANNA, J.
-There are seven assignments of error, which present but two points for our consideration, the first being that:
“The court erred in granting the motion of defendants to strike from plaintiff’s amended reply the following allegation to-wit: “And had said contract and assignment made a matter of record in the office of the probate clerk ■and ex-officio recorder of Eoosevelt county, New Mexico, which made same notice to all persons of plaintiff’s equity and right in and to said property.’ ”
1 The first, second, fifth and sixth assignments of error have to do with the first…
2Cases cited6 opinions
- Wood v. PriceSupreme Court of New Jersey · 1911
- Dickey v. LyonSupreme Court of Iowa · 1865
- Davisson v. Citizens' National BankNew Mexico Supreme Court · 1911
- Randall v. LingwallOregon Supreme Court · 1903
- Penrose v. CooperSupreme Court of Kansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Varney v. TaylorNew Mexico Supreme Court · 1968
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1972
- Nelms v. MillerNew Mexico Supreme Court · 1952
- Cochran v. GordonNew Mexico Supreme Court · 1967
10 more not listed; retrieve them via the Exa API.