Montoya v. Catron

Citations

• 22 N.M. 570
• 166 P. 909

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where title is claimed by adverse possession, under color of title the possession must be actual and not constructive in its nature. It must be a possession subjecting the land to the will and dominion of the occupant, and must be evidenced by those things essential to its beneficial use, and must be clearly defined, open, actual, visible, exclusive, hostile, and continuous. P. 572</p> <p>2. The doctrine of adverse possession is to be taken strictly, and is not to be made out by inference, but by clear and positive proof. Evidence examined, and held not to furnish clear and positive proof of adverse possession for the requisite length of time to give the claimant title to the land in dispute under section 3364, Code 1915. P. 573</p> <p>3. Where a party enters into possession of a tract of land conveyed to him under an invalid deed, which constituted color ofl title, and erected a house thereon and fenced and improved 27 acres out of the entir'e tract of 8,000 acres conveyed by his deed,, and as to1 the remainder of the land simply grazed cattle upon it, and the true owner of the land, durang the time appellant, claims the statute was running in his behalf, likewise used said land for grazing purposes, and no portion of said land, save as stated, was inclosed' and the adverse claimant took no steps to prohibit the true owner from using the land; such use of the land, not enclosed by the adverse claimant, by the true owner', neutralized the adverse possession of the claimant, and he acquired no title thereto.</p> <p>P. 578</p>