Sandoval v. Unknown Heirs of Vigil

Citations

• 25 N.M. 536
• 185 P. 282

Syllabus

<p>SYLDABUS BY THE COURT</p> <p>1. Where a counterclaim, in a suit to quiet title to real estate alleges that cross-complainant is the owner of the real estate described in the complaint, and no demurrer or motion to make more specific is interposed, and cross-complainant’s title is fully litigated in the trial court without objection, and the evidence shows that cross-complainant is the owner in fee simple of the real estate in litigation, plaintiff below will not be heard to object in this court as to objections raised to the sufficiency of the counterclaim, but the same will be deemed amended, if defective, to correspond with the proof. Canavan v. Canavan, 17 N. M. 503, 131 Pac.' 493, Ann. Cas. 1915B, 1064 followed. P. 538</p> <p>2. Where findings made by a trial court are erroneous because not in accordance with the evidence, it is the duty of the party aggrieved thereby to call the court’s attention to the error and seek its correction there. P. 539</p> <p>3. Upon a doubtful or deficient record, every presumption is indulged in favor of the correctness and regularity of the decision of the trial court. • P. 539</p>