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· 7/3/1920

State ex rel. Rivera v. Esquibel

Citations

  • 26 N.M. 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Section 828, Code 1915, relative to election of trustees for the Cevilleta de la Joya land grant construed. Held, that it is the duty of the trustees to receive the vote of any voter at such eleetion who files an affidavit-to the effect that he is the owner of an interest in the land grant and that he is s qualified voter at such election, supported by affidavits of two other” persons, qualified voters at such election, and that such trustees cannot refuse to count such votes so cast because in their judgment the voter is not qualified to vote. P. 286</p> <p>2. Under such section the trustees have no power to apportion the vote according to the interest owned by the voter in the lands of the grant; but each owner of an undivided interest in the grant is entitled to one vote, regardless of the extent of such interest. P. 287</p>

Judges: Parker, Raynolds, Roberts

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