Section 42-6-16 – [State exempt from payment of costs or money judgment.]
No judgment for costs or other money judgment shall be rendered against the state in any suit or proceeding which may be instituted under the provisions of this act [42-6-12 to 42-6-16 NMSA 1978]. Nor shall the state be or become liable for the payment of the costs of any such suit or proceeding or […]
Section 42-6-17 – Effect of decree against state.
A decree quieting title against the state is effective only against a claim, interest or lien of the state that has been set forth in the pleading served upon the state with sufficient factual detail to give the state reasonable notice of the basis of the claim, interest or lien sought to be quieted; provided, […]
Section 42-6-8 – [Mines deemed real estate.]
For the purposes of this article and for all other purposes, mines shall be deemed and taken to be real estate. History: C.L. 1897, § 2685 (277), added by Laws 1907, ch. 107, § 1 (277); Code 1915, § 4395; C.S. 1929, § 105-2009; 1941 Comp., § 25-1308; 1953 Comp., § 22-14-8. ANNOTATIONS Bracketed material. […]
Section 42-6-9 – [Equitable procedure.]
The action contemplated by this article shall be conducted as other actions, by equitable proceedings under the rules of chancery. History: C.L. 1897, § 2685 (276), added by Laws 1907, ch. 107, § 1 (276); Code 1915, § 4394; C.S. 1929, § 105-2008; 1941 Comp., § 25-1309; 1953 Comp., § 22-14-9. ANNOTATIONS Bracketed material. — […]
Section 42-6-10 – [Attorneys’ fees payable in land; suit by attorney; intervention in other actions; partition.]
Whenever any attorney-at-law performs any legal services for the plaintiff, at the request or instance of any person interested in lands or land claims, or any part thereof, in any court which may be held in this state, either federal or state, for the purpose of confirming, quieting or establishing the title of any tract […]
Section 42-6-11 – [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.]
Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall bring suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate, and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred […]
Section 42-6-12 – [Consent of state in quiet title and foreclosure suits.]
Upon the conditions herein prescribed for the protection of the state of New Mexico, the consent of the state is given to be named a party in any suit which is now pending or which may hereafter be brought in any court of competent jurisdiction of the state to quiet title to or for the […]
Section 42-6-13 – Method of service on state; answer.
Service upon the state shall be made by serving the process of the court, with a copy of the complaint, upon the attorney general of the state and the state agency involved in the action. The complaint shall set forth with particularity the nature of the interest or lien of the state on the property. […]
Section 42-6-14 – Judicial sale; alternative remedies.
A. Except as provided in Subsection B or C of this section, a judicial sale made in pursuance of a judgment in a suit in which the state is a party, to quiet title to or to foreclose a mortgage or other lien upon real estate or personal property, shall have the same effect respecting […]
Section 42-6-15 – [Release of lien held by state.]
If any person shall have a lien upon any real or personal property, duly filed of record in the county in which the property is located and a junior lien (other than a lien for any tax) in favor of the state attaches to such property, such person may make a written request to the […]