Phelan v. Phelan

OPINION OF THE COURT

BICKLEY, C. J.

On full rehearing and reconsideration by the entire court as now constituted, a conclusion is reached different from that first announced, and the original opinion is therefore withdrawn.

Plaintiff (appellee) brought suit against defendant (áppellant) to quiet title to certain real estate in Bernalillo county. The defendant filed an answer, denying the title of the plaintiff; and a cross-complaint, setting up title in herself and asking that such title be quieted as against the plaintiff. Upon trial before the court, the issues were found in favor of the…