The action of ejectment may be maintained in all cases where the plaintiff is legally entitled to the possession of the premises. History: C.L. 1897, § 2685 (250), added by Laws 1907, ch. 107, § 1 (250); Code 1915, § 4360; C.S. 1929, § 105-1801; 1941 Comp., § 25-801; 1953 Comp., § 22-8-1. ANNOTATIONS Bracketed […]
If the plaintiff’s title expire after the action is brought, but before its determination, the verdict and judgment shall be for damages and costs only. History: C.L. 1897, § 2685 (258), added by Laws 1907, ch. 107, § 1 (258); Code 1915, § 4368; C.S. 1929, § 105-1809; 1941 Comp., § 25-810; 1953 Comp., § […]
If the plaintiff prevail, the judgment shall be for the recovery of the possession, and for the damages and costs. History: C.L. 1897, § 2685 (259), added by Laws 1907, ch. 107, § 1 (259); Code 1915, § 4369; C.S. 1929, § 105-1810; 1941 Comp., § 25-811; 1953 Comp., § 22-8-11. ANNOTATIONS Bracketed material. — […]
Upon judgment for the recovery of possession, a writ of possession shall be issued, and the sheriff shall deliver to the plaintiff the possession of the premises, and also collect the damages and costs, as on execution in other cases. History: C.L. 1897, § 2685 (260), added by Laws 1907, ch. 107, § 1 (260); […]
If the judgment be for damages and costs, an execution shall issue as in a personal action. History: C.L. 1897, § 2685 (261), added by Laws 1907, ch. 107, § 1 (261); Code 1915, § 4371; C.S. 1929, § 105-1812; 1941 Comp., § 25-813; 1953 Comp., § 22-8-13. ANNOTATIONS Bracketed material. — The bracketed material […]
In all actions of ejectment, when the defendant or tenant in possession in such suit shall have title of the premises in dispute either by grant from the government of Spain, Mexico or the United States, deed of conveyance founded on a grant or entry for the same, tax deed or other color of title, […]
When the jury shall find a verdict for the plaintiff in such action, they shall also find the value of the improvements in favor of the defendant or tenant in possession, proved in the manner aforesaid, and further shall find the amount of the mesne profits proved to have accrued as aforesaid, as also the […]
If upon the rendition of any judgment in any such suit, the value of the improvements put upon the land by any defendant or tenant in possession as aforesaid shall exceed the net mesne profits of said land, the plaintiff or plaintiffs shall at the term of court at which said judgment is rendered, elect […]
When any person or his assignors may have heretofore made, or may hereafter make any valuable improvements on any lands, and he or his assignors have been or may hereafter be deprived of the possession of said improvements in any manner whatever, he shall have the right, either in an action of ejectment which may […]
When any person claiming possession may have made, or may hereafter make, any valuable improvements on any land in this state, and any other person shall have taken, or may hereafter, in any manner, take from him or his assignor or assigns the possession of such improvements, or any part thereof, the person so taking […]
The possession of land and improvements, provided for in this article, may be sold, transferred and conveyed in the same manner as other real estate in this state; and the person so purchasing and receiving conveyance thereof shall have the same right and title and be subject to the same restrictions as the person who […]
The action of ejectment will lie for the recovery of the possession of a mining claim, as well also of any real estate, where the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained. History: C.L. 1897, § 2685 (251), added by Laws 1907, ch. 107, § 1 (251); […]
That any and all liens, encumbrances or money claims for improvements on lands, authorized or permitted in ejectment actions or equitable proceedings for the recovery of lands under reversionary provisions contained in deeds to reality [realty], whether heretofore or hereafter claimed, may be waived by instrument in writing executed either before or after the passage […]
That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person, persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the land office of […]
The court, in an action for the recovery of a mine or mining claim where a patent is applied for, and the contest is pending in the land office of the United States, may, upon motion of either party to the suit, require the jury to return a special verdict, if tried by a jury; […]
That nothing in the two preceding sections [42-4-21, 42-4-22 NMSA 1978] shall prohibit the working and development of a mine or mining claim by either party in interest who may be in possession of the mine or claim during the pendency of the suit, nor prohibit anyone from bringing an action for damages, or a […]
Hereafter in any suit or action pending in any of the courts of this state, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and […]
Upon the doing of any assessment work, as provided in Section 42-4-24 NMSA 1978, the said mining claim or claims shall not be subject to relocation for failure to do the annual assessment work, as against any of the parties to such suit or action. History: Laws 1905, ch. 83, § 2; Code 1915, § […]
In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of […]
The right to go upon and enter said mining claim shall be extended to the party applying therefor, as well as a surveyor and two chain carriers. History: Laws 1887, ch. 55, § 2; C.L. 1897, § 2294; Code 1915, § 3468; C.S. 1929, § 88-206; 1941 Comp., § 25-827; 1953 Comp., § 22-8-27. ANNOTATIONS […]
