Kemp Lumber Co. v. Whitlatch

Citations

• 21 N.M. 88
• 153 P. 1050

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Under the provisions of sections 5516 and 5521, Code 1915, no action can be maintained in a court of law or equity for the recovery of town-site lands, unless the legal title thereto is vested in the county or probate judge. Held, that where the complaint fails to show that plaintiff complied with the law, in filing its statement or claim with the probate judge within the time required by the notice of said judge, and where the complaint shows that the legal title to the lands in controversy is vested in one of the defendants, the plaintiff is absolutely barred from maintaining the suit, however strong might be its equitable claim to such lands.</p>