Jemez Land Co. v. Garcia

Citations

• 15 N.M. 316
• 107 P. 683

Syllabus

<p>•SYLLABUS. .</p> <p>1. Tbe contention that C. L., sec. 2950, par. 5, confers jurisdiction upon tbe District Court of Bernalillo County to try tbe cause notwithstanding tbe fact that tbe complaint shows tbe land involved to be situated in tbe County of Sandoval would be correct if the claim for damages was the sole object of tbe suit, but the claim for damages is not the sole object.</p> <p>2. Complaint examined and found to contain both a legal and equitable cause of action which is permissible under the Code.</p> <p>3. It cannot be contended successfully that the allegations of ownership and right of possession cannot be denied by the answer to such a complaint.</p> <p>4. The action to strike because the answer of tbe appellee not only denies- the ownership and right of possession of the appellant of the land involved, but also claims ownership and right of possession to be in the appellee, was properly overruled.</p> <p>5. From examination of complaint it is apparent that the injunction prayed for in the complaint cannot be treated as a mere incident to the action for damages.</p> <p>6. ' Growing trees are part of the realty and no part of the claim for damages for trees already cut.</p> <p>7. As complaint shows that an interest in land is necessarily involved in the suit within meaning of C. L. 1897, sec. 2950, par. 4, and that the land is situated in Sandoval County, and not in Bernalillo county, there was a want of jurisdiction for which the demurrers were properly overruled by the court, below.</p> <p>8. The cause is in form- an action of “trespass to try title” which action is authorized by the laws of the state of Texas but not in New Mexico.</p> <p>9. The answers in this case being responsive to the-complaint and challenging its allegations, are not obnoxious to either the demurrers or motion to strike interposed by the appellant, and therefore errors assigned upon their denial' by the court below, cannot be sustained.</p> <p>10. As there was want of jur