Albuquerque morning journal., 1922-12-30
Supreme Court Decisions


James C. Smith, appellant, VS..
Dolores A. Borrodaile, Joseph A.
Heyn, ct al, appellees. No. 264O,
Bernalillo county. H..
This is q suit to quiet q title to
, certain real estate situate in Ber-
nalillo county and known as the
Poblanos ranch brought by plain
tiff, James c. Smith, against
defendants Dolores Borrodaile,
ct al and all unknown claim
nnts of interests in the
premises adverse TO tle plaintiff.
Anita a. Otero answered, denying
the plaintiff was the owner of the
entiro title to the real estate, adj
mitted that plaintiff owned an un-
divided half interest therein, and
alleged that she owned the re-
manning undivided one-half inter-
test, title to which she prayed
T might bo quieted in her as against
the plaintiff. Tho plaintiff replied
denying the claim of Mrs. Otero,
setting up adverse possession since
the year 1884 by plea Of the statute
/. Of limitations OF ten years, and al
legged that the plaintiff was a
bona fide purchaser of the entire
premises for value without notice
Of the claim of Mrs. OterO and her
predecessors in title, and alleging
that she and her predecessors in IT,
tie had been guilty of laches.
No default Judgment has ever
been entered against any of the
defendants upon the certificates OF
default.
The matter of tenancy in COM
mon and tax titles were also in
volved. Issue was Joined and tes--
timony taken, the case being tried
to the court. The judgment of the
court below awarded title to un-
divided onehalf interests in the
premises to the plaintiff and the
defendant Anita a, Otero respec-
lively.
From which judgment the
plaintiff appealed to this court.
Judgment of the court below ar
|, firmed.
syllabus by the Court
1, When evidence tending to es-
tablish adverse possession is con-
flicting and there is substantial ev-
idence to warrant the trial court
in reaching it's conclusions, that
conclusion will not be set aside on
2. The duty of arising between
tenants In common, as to the com
mon title Is based upon the princi-
pie of the unity of right OF posses
sion which exists as to each, ana
whether through common devise
or grant or otherwise. One ten
ant in common, although in pos
session claiming adversely to his
co-tenant, cannot, by purchase OF
an outstanding tax certificate, IS
sued upon taxes levied before he
became interested in and in pos
session of the land, assert title TO
+ho whole as against his Gotten
ant. under the tax deed issued to
him afterNhis purchase of the GER
tificate and the close of the three
YEAR period OF redemption. The
purchase of the certificate under
such circumstances constitutes
payment of the taxes by one whose
duty it is to pay them, and such
payment is for the benefit of all
subject to right of contribution.
Case of Bradford vs.. Armijo distin-
guished.
3. Rejection of proffered evi.
renee on subject of laches held
e harmless. ,.<,
sS4. Record examined and defense
of laches held not established.
s. On appeal the case will be
considered upon the pleadinSs and
Z issues as framed below.
G. Offers to prove certain facts
made upon the trial of the case,
which offers state mere conclusions,
are too general and were properly
rejected.
Opinion by Justice Barnes, Chlei
Justice Parker, concurring.