New Mexico Realty Co. v. Security Investment & Development Co.

Citations

• 27 N.M. 664
• 204 P. 984

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1) As a general rule, in a suit to quiet title, the plaintiff must recover, if at all, upon the strength of his own title and not upon the weakness of that of his adversary. P. 667</p> <p>(2) Where reliance is placed solely upon paper title, the plaintiff must trace his title to the government or a grantor in possession. P. 668</p> <p>(3) Where both parties trace title to a common source, it is sufficient that the plaintiff connects his title to the common source. P. 668</p> <p>On Motion for Rehearing.</p> <p>(4) A cause of action prosecuted to judgment merges in the judgment and thereafter the judgment, for most purposes, is to be regarded as a new debt; held, that the taxes of 1904 on the land in controversy were extinguished by and merged into the judgment of 1906 and consequently Chapter 65, Laws 1907, remitting penalties and interest where the taxes were paid within a designated time, was without application. P. 669</p> <p>(5) Under chapter 65, Laws 1907, a tender of the delinquent tax amount, including the legally assessed cost of publishing the delinquent tax list, must be made, in order to entitle the party to a remission of the penalty imposed for the nonpayment of taxes, and a tender of an amount less than that required by law is unavailing. P. 672</p>