Patterson v. Chaney

Citations

• 24 N.M. 156
• 173 P. 859

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The purchaser from the government of public lands is entitled to the improvements on the premises when he acquires possession as being a part of the real estate.</p> <p>P. 158</p> <p>2. There are three general tests applied by the courts in, determining the question whether an article used in connection with realty is to be considered a fixture: First, annexation to the realty, either actual or constructive; second, adaptation or application to the use or purpose to which that part of the realty to which it is connected is appropriated; and, third, intention to make the article a permanent accession to ‘the freehold.</p> <p>P. 159</p> <p>3. Section 4634, Code 1915, does npt attempt to give the owner of improvements upon public lands the right to remove the same, after such lands have passed into the possession of a bona fide entryman or purchaser from the government.</p> <p>P. 159</p> <p>, 4. The Act Cong. June 1, 1874, c. 200, 18 Stats. 50 (U. S Comp. St. 1916, § 1541), has no application to homestead entries.</p> <p>P. 162</p>