Section 42-8-3 – [Replevin against officer; authorization; additional affidavit; third party may intervene and give forthcoming bond.]
Whenever the property, goods or chattels of any person not a party to the record are wrongfully seized by any officer under or by virtue of any writ of execution, mesne or other process from any court, except under a writ of replevin, such person or persons may maintain a suit in replevin for the […]
Section 42-8-4 – [Remedy against corporation same as against individual.]
Suits of replevin may be commenced and carried to a conclusion against any incorporated company in this state in all cases that may be begun and carried against any ordinary defendants. History: C.L. 1897, § 2685 (231), added by Laws 1907, ch. 107, § 1 (231); Code 1915, § 4343; C.S. 1929, § 105-1704; 1941 […]
Section 42-8-5 – Affidavit.
Before the writ of replevin is issued, the plaintiff or some creditable person in his stead shall file in the district court an affidavit stating: A. that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint; B. that the same was wrongfully taken or wrongfully detained by the defendant; […]
Section 42-8-6 – Replevin bond; when filed; parties; conditions.
The plaintiff shall before the execution of the writ enter into bond with sufficient sureties, to the officer to whom the writ is directed, in double the value of the property, conditioned on the prosecution of the suit with effect and without delay and that he will without delay make return of the property if […]
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 […]