Baca v. Anaya

Citations

• 14 N.M. 382

Syllabus

<p>SYLLABUS (BY THE COURT) .</p> <p>1. Under C. L. 1897, 'Section 3182, providing that during the pendency of .any partition .suit any person' claiming to be interested in the premises may appear and assert his right by interpleader, the right to intervene i® given to all persons claiming an interest in the land,- -whether under the common title sought to be partitioned or by title independent thereof.</p> <p>2. Parties in possession of land -claiming-it under a -Spanish grant made in 1760 -were thus entitled to intervene to quiet their title in .a partition suit, affecting the same land, pending between co-tenants under a 'Spanish -grant made in 1800.</p> <p>3. Under the Code system merging courts of law and equity, the determination of issues of title arising in a partition suit does not necessitate additional and separate suits, but such issues'may all be determined in the same partition action</p> <p>4. The right to intervene given iby C. L. 1897, 'Section 3182,. to one claiming an in'e.-ost in the land, is insure.! by statute and the court has, when such right, is seasonable asserted, no' discretion to deny it.</p>