In case any judge who shall have entered such land and thus have become the sole trustee thereof, shall be possessed or entitled to any part or portion of such lands in his individual right, and his claim or right shall not be claimed adversely to him, he shall be deemed to be seized and possessed of the title thereto and the estate therein to his own use, in fee simple absolute, free and discharged of such trust; and no conveyance, other than the receipt of the officers of the United States land office or patent to the lands including the same, shall be necessary to perfect his title thereto. But in case individual right shall be claimed by any person adversely to him, the conflicting claims between them shall be settled and determined by an action, as provided in this chapter and tried before some judge who shall be disinterested and possessed of complete jurisdiction for the trial therefor.
History: Laws 1882, ch. 70, § 26; C.L. 1884, § 2800; C.L. 1897, § 4004; Code 1915, § 5545; C.S. 1929, § 144-133; 1941 Comp., § 8-533; 1953 Comp., § 7-5-33.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler’s notes. — The words “this chapter” were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
Cross references. — For duty of judge to transfer suit claiming townsite land in which he has an interest, see 19-4-21 NMSA 1978.