Blain v. Staab

Citations

• 10 N.M. 743
• 10 Gild. 743

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Civil Law — Servitudes.—Servitudes were as well known to the civil law as easements were to the common law.</p> <p>2. Contract — Construction of. — Where by the terms of a contract, the intent of the parties is clear and free from ambiguity and doubt the intention must govern rather than the strict signification of the language employed.</p> <p>3. Servitude — Street—Abandonment—Effect of. — The abandonment of a public street where the municipality had the right to use for street purposes only will operate to extinguish the servitude.</p> <p>4. Servitude — Extinguishment—Effect .of. — On the extinguishment of such a servitude the owner of the fee is entitled to the immediate possession of the premises embraced within the street.</p>