Territory of New Mexico v. Crary

Citations

• 15 N.M. 213

Syllabus

<p>SYLLABUS.</p> <p>Í. The Territory in proceeding under Section 3693, C. L. 1897, to obtain legal title to land1 in private ownership to hold the same for the use and benefit of the University, thereby creates an express trust and under sub-sec. 3, of Section 1685, 'C. L. 1897, could maintain such suit, as trustee, without joining the University or the Board of Regents of the University. '</p> <p>2. The petition in proceeding under C. L. 1897, section 3693, authorizing the Board of Regents of the University of New Mexico to acquire by condemnation in the name of the Territory, whenever it deems such acquisition necessary, is subject to demurrer if it fails to allege that the acquisition of the land was deemed necessary by the Board of Regents of the University.</p> <p>3. Failure to allege in a petition under Section 3693, C. L. 1897, the possession of funds to pay for the land is not fatal either on motion to dismiss or on demurrer and is at most a matter of defense to be raised by answer.</p>