Makemson v. Dillon

Citations

• 24 N.M. 302
• 171 P. 673

Syllabus

<p>SYLLABUS OF THE COURT.</p> <p>1. During tbe interim between tbe selection of indemnity on lieu lands by tbe state and tbe approval of tbe selection by tbe Secretary of tbe Interior, under tbe provisions of tbe Enabling Act of Congress (Act Cong. June 20, 1910, c. 310, 36 Stat. 557), tbe state bas sucb an interest in tbe lands covered by tbe selections as entitled it to lease tbe same, and tbe lessee may maintain an injunction against trespassers upon the same. P. 304</p> <p>2. Sections 4636 and 4637, Code 1915, held' not to apply to lands covered by indemnity on lieu selections by the state. P. 311</p> <p>3. Sections 5190, Code 1915, requires lands to be leased by the state at not less than 2 per cent, of their true value, to be determined by appraisement. Tbe minimum purchase price fixed in section 10 of tbe Enabling Act for lands selected by tbe state and lying east of a certain prescribed meridian is $5 per acre. This provision, however, is not controlling upon tbe rental value of these lands. Tbe appraised value of these lands may be less than tbe minimum price prescribed by Congress in tbe Enabling Act, and as, in this case, no showing was made- by tbe appellants that tbe lands were worth tbe minimum purchase price, they are not in a position to question tbe action of tbe state land commissioner in leasing tbe lands at 5 cents per acre per annum. P. 312</p> <p>4.Tbe word “owned,” as used in section 5189, Code 1915, is held to apply to any lands in which the state bas any right or interest. P. 312</p> <p>5. Findings of fact, which, are supported by substantial evidence, cannot be successfully questioned in this court.</p> <p>P. 313</p> <p>6. A proposition, not argued in this court, will not be considered. ' P. 313</p> <p>7. Section 5226, Code 1915, which makes it a criminal •offense to use for any purpose any land' belonging to the state, unless it is leased or purchased, furnishes no remedy to a lessee, and is not exclusive of the right to injunction for int