Lund v. Ozanne
New Mexico Supreme Court
Error to the district court of Lincoln county, before Wm. H. Pope, Associate Justice. Before suit can be brought for possession in any class of cases except where possession was obtained by force, intimidation, fraud or stealth, three days’ notice to quit must be given in writing to the defendant.
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Error to the district court of Lincoln county, before Wm. H. Pope, Associate Justice. Before suit can be brought for possession in any class of cases except where possession was obtained by force, intimidation, fraud or stealth, three days’ notice to quit must be given in writing to the defendant. Compiled Laws of New Mexico for 1897, Sec. 3347; Romero v. Gonzales, 3 N. M. 8; Nason v. Best, 17 Kas. 408; Conway v. Gore, 22 Kas., '216; Douglass v. Whittaker, 32 Kas. 381; Stuller v. Sparks, 51 Kas. 22; Doss v. Craig, 1 Colo. 178; Mead v. Kirkpatrick, 8 N. J. L. 308; Pickett v. Ritter, 16 111.…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
(After stating the facts.) — Of the grounds of error assigned, the brief for the plaintiff in error specificalty presents for the consideration of the court the following:
1 First. That notice to quit and surrender possession of the demanded premises was not given to the plaintiff in error as required bjf section 3347 of the Compiled Laws of 1897.
It is not denied that what purported to be such a notice was seasonably served on him, but it is alleged that it was not sufficiently definite to inform him that it came from the defendant in error and did not bear her…
2Cited by8 opinions
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- Molzon v. CarrollSupreme Court of Connecticut · 1917
- Hearn v. HearnSuperior Court of Delaware · 1937
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