Reed v. Rogers

Citations

• 19 N.M. 177
• 141 P. 611

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where the complaint in an action for rescission of an executed contract'for the sale of land alleges that the title to a certain portion of the land transferred to the plaintiff has failed and this failure of title is admitted hy the answer, which answer also sets up and alleges that the plaintiff took possession with full knowledge of the state of the title, that he has held the land in question three years before bringing suit, that he has offered to sell some of it, exercised complete dominion over the same, made improvements thereon, and that he is estopped to claim recission hy reason of laches; in such a state of the pleadings it is not error on the part of the trial judge to deny a motion for judgment on the pleadings as the allegations in the pleadings raise issues to be passed upon hy the court.</p> <p>P. 181</p> <p>2. In a case for rescission of an executed contract of sale, in which the defendant gave the plaintiff a warranty deed, the trial court, failing to find either fraud, mutual mistake or other equitable grounds for rescission, properly holds that the plaintiff relied upon his covenants of title in the conveyance and properly refuses to grant rescission.</p> <p>P. 182</p> <p>3. Where in a suit for recission of an executed contract for sale of land, in which the defendant grantor had given the plaintiff grantee a warranty deed under which plaintiff went into possession and held same for three years, with knowledge of the state of the title, made improvements, attempted to sell portions of the land, and exercised complete dominion over the same, and where the trial court finds as a fact that if there were misrepresentations as to the character or kind of land plaintiff could have discovered them within one year and is guilty of laches, — in such a case the plaintiff is not entitled to rescission but can only recover upon tbe covenants in bis deed.</p> <p>P. 183</p>