Park v. Milligan

Citations

• 27 N.M. 96
• 196 P. 178

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where, in a contract for the sale of real estate, the deed is to be delivered on payment of the price in full, and there is no provision or agreement in regard to possession of the property during the performance of the contract the vendee has gone into possession with the consent or acquiescence of the vendor, a tender of a deed to the property and a demand for performance by the vendor, in the absence of special circumstances, are prerequisites in order to successfully maintain ejectment against the vendee. P. 100</p> <p>2. Questions, points, issues, and matters not raised, presented, .or passed on in the, court below are not reviewable on appeal. P. 98</p>