Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-07-31
SUPREME COURT
DECISIONS

]. L. Bradford, appellant, No.
$780,, VS.. Policarpio Armijo, APP
pellee, Sandoval county. e
This is a suit by plaintiff, Nfor
a suit in partition OF the Aqua
Salada, or Luis Jaramillo Land
grant, alleging that he was the
owner in fee simple, as tenant in
common, of an undivided one-half
interest in and to the tract of
land. The complaint is the ordin-
airy complaint in Partition ana
contains no unusual features. The
defendant, Policarpio ArmiJo an
swered the complaint alleging that
| he was the sole and absolute
owner in fee simple of all the
premises involved. He further al
legged for more than twenty
years before the commencement
of the action he had been in pos
session of the lands and premises
involved and had had full use and
occupancy and possession Thereon
during all said period, and had
been holding and claiming the
same by virtue of deeds of con-
Iveyance thereof, purporting to con-
vey an estate in fee simple, ana
that during all of said period or
time in which he had so held the
| possession and occupancy of said
land, neither the plaintiff nor any
person from, through or under
whom the plaintiff claimed, nor
any person whomsoever, had made
claim to the said lands and that
no suit whether at law or in
equity or otherwise had been
made, begun or filed by or on
behalf of the plaintiff, or his
assignors, or any person whom
soever claiming or purporting to
claim any right, title or interest
in or to the said property, down
to the time of the commencement
of this action. The defendant fur
Their answered that for more than
twenty years he had been in I'M
disputed possession of the said
land. 1t is to be noted that in
neither of these two last de-
lenses does the defendant make
any reference to the payment of
taxes on the property.
Defendant further answered
that he had paid out divers sums
of money for taxes and for the
survey of the grant and for at
torneys' fees and expenses in
securing the confirmation Of the
grant. He prayed that the COM
plant be dismissed with costs.
The case came on for trial be-
| fArn ct,,i1
ton of the testimony for the
plaintiff was heard by the district
Judge. Thereupon on February 81.
1917, the court referred the case
to a referee in the following
language: ut is therefore ordered
that John Baron Burg be, and he
is hereby appointed referee in the
above entitled cause for the pur.
pose of taking all proof that may
be necessary, and find facts and
conclusions of law based on the
evidence already taken before the
court and such evidence as such
referee may take, and report al
such testimony, findings of fact
and conclusions of law to the
court at as early date as pos
sible.
The order does not show wheth.
er the reference was with the
consent of the parties or was
upon the courts own motion, bu
no objection appears in the rec.
ord by either party to the refer.
ence and both parties proceeded
before the referee. The proof.
having been taken the referee
filed his report in which he made
findings of fact and conclusion.
of law, finding that the plaintiff
was entitled to an undivided one.
third interest in the property a!
tenant in common.
Exceptions to the report were
filed by the defendant involving
nearly >all of the findings. The
report and the exceptions of the
defendant were sustained by the
court and the report of the ref.
cree set aside in toto The dis.
trict court thereupon took UP ths