Bremen Mining & Milling Co. v. Bremen

Citations

• 13 N.M. 111
• 79 P. 806

Syllabus

<p>SYLLABUS.</p> <p>1. Where, after the sustaining of a demurrer to a pleading, -the pleader elects to amend, he waives the right to allege error on the ruling.</p> <p>[Ed. Note. — For cases -in point, see vol. 39, Cent. Dig. Pleading, Secs. 1401, 1402.]</p> <p>2. Comp. Laws 1897, Sec. 3938, giving a right of redemption after foreclosure of a deed of trust, confers no such right as to a deed of trust executed before the statute took effect.</p> <p>[Ed. Note. — For cases in point, see Vol. 10, Cent. Dig. Constitutional Law, Sec. 501; Vol. 35, Cent. Dig. Mortgages, Sec. 1693%.]</p> <p>3. Comp. Laws 1897, Sec. 2685, subd. 81, provides that any pleading may he once amended of course at any time before expiration of the period for answering, and sub-division 33 provides that plaintiff may unite in the same complaint several causes of action arising out of the same transaction -connected with the same subject-matter. After foreclosure of a deed of trust tbe grantor filed a bill praying for redemption on payment of the amount bid and interest, and before anwser an amended bill was filed setting up facts showing limitations, and praying for a cancellation of the trustee’s deed and, the quieting of plaintiff’s title. Held, that the amendment should have been permitted.</p>