Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-09-26
LIST OF SUPREME.
COURT DECISIONS

The following decisions have been
handed down by the supreme court of
New Mexico at Santa Fe, as reported
by the clerk
William r. Harris, plaintiff in error,
No. 2,OS9, VS.. Thomas Keehn ct al,
defendants in error Lincoln county,
This is suit to recover possession
for a certain tract of land. in Lincoln
county, and for damages in the sum
of $2S,000. Upon trial Of the case, be-
fore the judge, Judgment was rem
dered in favor of plaintiff and against
the two defendants, Mary S. Harper
and William Harris, for the sum of
$4,000. From this judgment the de-
PENDANT, Harris, appeals.
Judgment of the court below af-
firmed
Syllabus.
tenant in possession under an un-
expired lease who has not abandoned
the premises, although not upon them
when entry thereon is made, has a
right to the possession of said prem
Uses against the world and may recov-
er damages from one who disturbs or
deprives him of such possession.
'CPiAAiOh ~ aLNoS AOAbA'' 80 NNA ~
j., and Roberts, j., concurring.
Elijio Gutierrez, appellee, No. 2,2S5,
VS.. the Montosa Sheep company, APP
pellant. Socorro.
This is an action of trespass by APP
pellee to recover damages for the de-
pasturing by appellants sheep of six
distinct tracts of land separated from
each other by the public domain, and
for damages.
The jure returned a verdict for APP
pellee, fixing his damages at $4,000,
from which judgment this appeal is
prosecuted
Judgment of the court below af-
firmed.
Syllabus.
l. Section SO, Code 1915, which au-
thoriZes the owner of unfenced lands
to mark the boundaries thereof and
to post notices against trespass, and
upon compliance with the section. to
recover damages for trespass commit
ted by animals under herd. is no bar
to a suit for wilful trespass where the
owner has not complied with the Sec
ton.
g Objections and exceptions to the
giving or refusing to give instructions
must be incorporated into and made
a part of the bill of exceptions, and
cannot be shown by the record proper.
g. In suit by the former owner Of
lands to recover for the depasturing
of the same, evidence as to the inabil-
ity of the owner to procure other pas
ture for his animals and the deprecia-
ton of the value of his animals caused
by lack of feed occasioned by the de-
pasturing of his lands is competent.
Opinion by Roberts, j., Parker, c.
j., and Reynolds, j., concurring.
Francisco Luna, administrator of
the estate of Santos Luna. deceased,
appelle, VS.. Max II. Montoya. appel
liant. Socorro. No. 2276.
This is an action by an administra-
tor upon writing in Spanish signed
by appellant, found on page four of a
book purporting to be time book
of appellee's intestate, literal trans
lation of which is as follows:
Il testify that on November 80 of
1903, Santos Luna deposited $500 in
my care. l paying per hundred of
interest per annum. This money is
guaranteed by me.-Max H. Montoya."
plaintiffs intestate had ever deposited
with him $500 in money, or any other
sum, and in substance alleged that the
writing in question was given by him
and accepted by the intestate as a
memorandum of the amount or part
of the amount of claim due the in
testate from the estate of a deceased
brother of appellant, for which estate.
or rather for the administration there
on appellant the time was acting as
agent; that the memorandum was
originally, to the best of his recollec-
ton and belief, $500 and was after
wards raised to $500 without his
knowledge or consent. Appellant also
plead the six year statute of limita-
tons.
Upon the issue Joined, the court
rendered Judgment against appellant
for the amount and interest. from
which Judgment this appeal is prose
cuted.
Judgment of the court below. af-
firmed.
Syllabus.
!. Where an alteration is apparent
| on the face of an instrument in suit
there is no presumption as to whether
such alteration was made before or
after the execution of the instrument
and the question of the alteration and
its binding effect on the parties after
its introduction are questions to be
| considered in the light of all the evil
dence extrinsic and intrinsic, and de-
cided by the judge sitting as q jury