Gurule v. Duran

Citations

• 20 N.M. 348

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. There is no abuse of discretion, on the part of the trial •court, in overruling a motion filed by plaintiff, asking leave of court to amend a reply and to be allowed to introduce further and additional evidence, after evidence has been taken upon issue-joined, and a cause is submitted to the court for decision, where such party has theretofore had ample opportunity to plead the new matter, and no showing is made excusing failure to so do. • P. 351</p> <p>2. The owner of real estate, having failed to make return for taxation, cannot question the validity of an assessment of her property to “unknown owners,” although she was in actual occupancy of the land, and although the assessor by making inquiries and investigating the records of his office might have ascertained the fact of such title and occupancy.</p> <p>P. 352</p> <p>3. Payment of taxes on the improvements on real estate does -not- consttitute a payment of taxes on the land.</p> <p>P. 352</p> <p>4. The statute of Henry VIII (32 Hen. VIII, c. 9), which prohibits under prescribed penalties the buying or selling of any pretended right or title to land, unless the vendor is in actual possession of the lands, or of the reversion or remainder, is not in force in this state, because of the fact that it is not applicable to our condition and circumstances.</p> <p>P. 353-</p>