Titsworth Co. v. Analla

Citations

• 25 N.M. 628
• 186 P. 1079

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Failure of the county treasurer to sell a tax sale certificate at public auction at the end of one year after the purchase of the same by the county, as required by section 26, o. 22, Laws 189 9, does not destroy the right of the treasurer to thereafter sell such certificate at private sale. P. 630</p> <p>2. Where, in a suit to quiet title, the plaintiff alleges that it obtained title by virtue of the purchase of a tax sale certificate and the) deed issued upon such certificate, a tax sale certificate and deed offered in evidence, showing the purchase by a party other than the plaintiff, are properly excluded.</p> <p>P. 630</p> <p>3. Generally in the case of a variance between the allegation of the pleading’ and the terms of the instrument set out as an exhibit, the exhibit will control. Where a party in a suit to quiet title alleges that he is the owner of the real estate in question by virtue of a tax sale certificate and tax deed, attaching the same to his complaint as exhibits, and mating the same part of his complaint, and such exhibits show no title in the plaintiff, the complaint fails to state a cause of action.</p> <p>P. 631</p>