McBee v. O'Connell

Citations

• 19 N.M. 565

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Upon a second or subsequent appeal, nothing will be ■considered, except the proceedings occuring after remand, ‘the former decision being the law of the ease, whether right or wrong, so that a question which could have been considered on the former appeal will not be considered on the subsequent appeal.</p> <p>P. 569</p> <p>2. A person who purchases an estate in the possession of another than his vendor is in equity, that is, in good faith, bound to inquire of such possessor what right he has in the estate. If he fails to make such inquiry, which ordinary good faith requires of him, equity charges him with notice of all the facts that such inquiry would disclose.</p> <p>P. 570</p> <p>3. The possession of the tenant is sufficient to put an intending purchaser from a third person upon inquiry as to the landlord’s rights, and to charge him with constructive notice thereof if he fails to make such inquiry.</p> <p>P. 571</p> <p>4.An exception to the rules stated should be made where the subsequent purchaser shows that he pursued an inquiry, with proper diligence, and failed to obtain the knowledge of the unrecorded instrument, or of the right of the parties, claiming under it .</p> <p>P. 571</p>