Gray v. Titsworth

Citations

• 27 N.M. 39
• 192 P. 520

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a complaint in a suit for forcible entry and de-tainer fails to allege possession by the plaintiff at the time of the entry by defendant, but the fact of possession is proven, without objection, the complaint will be deemed amended so as to allege the fact of possession — following Canavan v. Canavan, 17 N. M. 503, 131 Pac. 493, Ann. Cas. 1915B, 1064. P. 40</p> <p>2. Evidence held to support the findings. P. 40</p> <p>3. In a case of forcible entry and detainer the inquiry is confined to the question of actual, peaceable possession of the plaintiff, irrespective of whether rightful or wrongful, and the forcible ouster of the plaintiff by the defendant. P. 41</p>