Neher v. Armijo

Citations

• 11 N.M. 67
• 66 P. 517

Syllabus

<p>SYLLABUS.</p> <p>1. A judgment of recovery in ejectment for possession and' rents and profits during the pendency of the ejectment action, is not a bar to a further suit for rents and profits covering a period anterior to that covered by the former recovery.</p> <p>2. Errors complained of in a referee’s report must he called to the attention of the trial court by exception, or they will be deemed to he waived.</p> <p>3. A tenant in common will not be allowed to recover against his co-tenant for improvements erected upon the common property by his predecessor in title, without accounting to his co-tenant for the 'rents and profits received by such predecessor in title.</p> <p>4. An appellee must present errors committed against him by appeal or cross-appeal, and by assignment of errors, or they will be disregarded. Sec. 897, Comp. Laws, 1897, interpreted.</p>