Before any person may enter upon or go into the workings of such mine without the consent of the person or corporation in possession, he shall give not less than five days’ notice in writing to such person in possession, or to his agent or manager, and if the possession is held by a corporation, […]
If such person or corporation shall not permit any party in interest in such suit or action, to go upon or enter said mine, as contemplated in the preceding sections [42-4-26, 42-4-27, 42-4-28 NMSA 1978], after having been notified in the manner designated, the court may, upon proper showing, verified by affidavit, or otherwise, exclude […]
The principles of the provisions of this article shall apply and extend to all suits in equity when the object of the complaint or answer is for the recovery of lands and tenements. History: C.L. 1897, § 2685 (265), added by Laws 1907, ch. 107, § 1 (265); Code 1915, § 4378; C.S. 1929, § […]
The competency, relevancy and effect of such survey and measurement, as evidence, shall be governed by the ordinary rules of evidence in civil cases. History: Laws 1887, ch. 55, § 5; C.L. 1897, § 2297; Code 1915, § 3471; C.S. 1929, § 88-209; 1941 Comp., § 25-830; 1953 Comp., § 22-8-30. ANNOTATIONS Bracketed material. — […]
The action shall be prosecuted in the real names of the parties, and shall be brought against the tenant in possession, or against the person under whom such tenant holds or claims possession. Any person claiming such premises may, on motion, be made a defendant. History: C.L. 1897, § 2685 (252), added by Laws 1907, […]
It shall be sufficient for the plaintiff to declare in his complaint that on some day, named therein, he was entitled to the possession of the premises, describing them; and that the defendant, on a day named in the complaint, afterwards entered into such premises, and unlawfully withheld from the plaintiff the possession thereof, to […]
The defendant shall plead to the complaint, as required by Sections 4106 and 4110; and the plaintiff may reply or demur. History: C.L. 1897, § 2685 (254), added by Laws 1907, ch. 107, § 1 (254); Code 1915, § 4364; C.S. 1929, § 105-1805; 1941 Comp., § 25-806; 1953 Comp., § 22-8-6. ANNOTATIONS Bracketed material. […]
It shall be sufficient to entitle the plaintiff to recover, to show that at the time of the commencement of the action the defendant was in possession of the premises claimed, and that the plaintiff had a right to the possession thereof. History: C.L. 1897, § 2685 (255), added by Laws 1907, ch. 107, § […]
In any action brought by a joint tenant, or tenant in common, against a cotenant, he shall be required to prove an actual ouster or act equivalent thereto. History: C.L. 1897, § 2685 (256), added by Laws 1907, ch. 107, § 1 (256); Code 1915, § 4366; C.S. 1929, § 105-1807; 1941 Comp., § 25-808; […]
If the plaintiff prevail, he shall recover for damages the value of the rents and profits of such premises to the time of the verdict or the expiration of the plaintiff’s title, under these limitations: A. if the defendant had knowledge of the plaintiff’s claim or title, then for the whole time he had such […]
