De Bergere v. Chaves

Citations

• 14 N.M. 352
• 93 P. 762

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Tenants in common need not join in a suit in ejectment to recover possession of lands, although they may do so if they so desire.</p> <p>2. A tenant in common may sue separately In ejectment, and if the •defendant shows no title, he is entitled to recover possession of the entire estate, in subordination however, to the rights of his co-tenants.</p> <p>3. The case of Neher v. Armijo, 9 N. M. 325, is revex-sed so fax- as it holds that if a tenant in common sues alone ixx ejectment, he can recover only his owxx interest in the estate.</p> <p>4. In the case at har the paper relied on is not a deed, but is an executory contract, for the giving of a deed to the Galisteo Ranch, by Manuel A. Otero, to Jesxxs M. Sexia y Baca, xxpon the approval of the Bartolomé Baca Grant.</p> <p>5. The instrument in writing under which Jesus M. Sena y Baca took possession of the Galisteo Ranch, being an executory contract, the statute of limitations, under which title by advei’se possession might he gained would not begin to run until Sena y Baca, or those claiming under him, distinctly and. unequivocally repudiated the title of Manuel Á. Otero, to the Galisteo Ranch.</p>