reglab/housing_qa huggingface dataset:
NM Stat § 42-6-7 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-7 - [Disclaimer; costs; default.]

If the defendant, or any of them, shall appear and disclaim all right and title adverse to the plaintiff, he shall recover his costs, and in all other cases the costs shall be in the discretion of the court. If the defendant or any one of them fails to appear and answer, the court may render decree against such defendant so failing to appear in accordance with the prayer of the bill of complaint, or such other decree in the premises as to the court shall appear meet and proper. History: C.L. 1897, § 2685 (275), added by Laws 1907, ch. 107, § 1 (275); Code 1915, § 4393; C.S. 1929, § 105-2007; 1941 Comp., § 25-1307; 1953 Comp., § 22-14-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For payment of costs, see 39-2-2 NMSA 1978 et seq. For recovery of costs in clearing title where mortgage not released, see 48-7-5 NMSA 1978. For default, see Rule 1-055 NMRA. Pleading which denies jurisdiction facts, title, etc., not disclaimer. — A pleading by defendant in a suit to quiet title to land is not a disclaimer where it denies jurisdictional facts, denies plaintiff's title, prays for general relief, and does not entitle defendant to dismissal and cost. Corman v. Cree, 100 F.2d 486 (10th Cir. 1938). Effect of community property. — While plaintiff out of possession may maintain suit in federal court to quiet title against defendant out of possession, in such action against husband and wife, she is not entitled to a dismissal with costs on ground that her answer was a disclaimer, where husband asserted claim to life interest in land acquired through coverture, for this constituted it community property, in which wife had a present vested interest equal to her husband. Corman v. Cree, 100 F.2d 486 (10th Cir. 1938). When awarding of costs within court's discretion. — Under this section, if it is not contended that the defendant's disclaimed, the awarding of costs is in the discretion of the trial court. Hughes v. West, 1967-NMSC-181, 78 N.M. 281, 430 P.2d 778. Costs awarded in case of fraudulent claim. — In an action to quiet title to property, where a claim was based upon a document expressly found to have been forged by defendant, the trial court's order denying an award of costs for plaintiff's expert witness and imposition of sanctions against defendant was reversed and remanded for reconsideration. Martinez v. Martinez, 1997-NMCA-096, 123 N.M. 816, 945 P.2d 1034. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 89, 93. 74 C.J.S. Quieting Title §§ 95, 104, 110 to 112, 114.
NM Stat § 42-6-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-8 - [Mines deemed real estate.]

For the purposes of this article and for all other purposes, mines shall be deemed and taken to be real estate. History: C.L. 1897, § 2685 (277), added by Laws 1907, ch. 107, § 1 (277); Code 1915, § 4395; C.S. 1929, § 105-2009; 1941 Comp., § 25-1308; 1953 Comp., § 22-14-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this article" were substituted for the words "this act" by the 1915 Code compilers and refer to art. 20 of ch. 88 of the 1915 Code now compiled as 42-6-1, 42-6-3 to 42-6-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 19, 81.
NM Stat § 42-6-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-10 - [Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.]

Whenever any attorney-at-law performs any legal services for the plaintiff, at the request or instance of any person interested in lands or land claims, or any part thereof, in any court which may be held in this state, either federal or state, for the purpose of confirming, quieting or establishing the title of any tract of land and it shall be agreed or it has been agreed, between such attorney and such person so interested, that such attorney shall represent the plaintiff and receive for such services any part or portion of such land, such attorney may directly institute suit against all the owners of such tract of land, known or unknown, to establish his right and title in him under said agreement to the part or portion of such land agreed to be paid to him for his services; or he may in any suit brought to quiet the title to such tract of land or any part thereof, thereafter, or to partition the same, or both, intervene and set up his claim therein for the part of such land so agreed to be paid him for his services, and it shall be the duty of the court in all such cases to decide in such suit or intervention, and if it be found that there was such an agreement, made by such person owning or interested in such lands, or any part thereof, and acting in whole or in part for the plaintiff or any of them, and also that the services were worth, according to the usual charges in this state for such service, at the time they were rendered, or agreed to be rendered, the amount so agreed to be paid for the same to adjudge or decree the amount so agreed to be paid for such services out of the lands involved in the suit or proceedings, as his property. And the same may be partitioned or set apart to him, in any partition suit then pending, or which may thereafter be pending; or if the court should find that the amount so agreed to be paid exceeds the value of the services in this state at the time they were rendered or contracted for, then the court shall allow or adjudge or decree to such attorney an amount of such land as compensation for his services as will be reasonable as aforesaid. History: Laws 1909, ch. 120, § 5; Code 1915, § 4396; C.S. 1929, § 105-2010; 1941 Comp., § 25-1310; 1953 Comp., § 22-14-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For partition, see 42-5-1 NMSA 1978 et seq. For intervention, see Rule 1-024 A NMRA. Supreme court may not consider construction of attorney's contract for compensation since that invokes original jurisdiction. Thurman v. Grimes, 1931-NMSC-035, 35 N.M. 498, 1 P.2d 972. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 71, 84, 93. Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448. 74 C.J.S. Quieting Title §§ 6, 29, 57, 83, 95, 96, 99, 111.
NM Stat § 42-6-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-11 - [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.]

Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall bring suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate, and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred in the prosecution of such suits, including reasonable attorney's fees, actually expended by him, shall be and remain a charge against the real property so affected of such co-owners, with lien in proportion to the several amounts of land claimed by each, and such proportionate charge shall be collected, with interest at the rate of twelve percent per annum additional, as a charge or lien upon the real property of such co-owners which was beneficially affected by such suit, and none of such real estate so beneficially affected shall be exempt from said charge or lien by virtue of any execution or forced sale exemption law in force in this state. History: Laws 1893, ch. 37, § 1; C.L. 1897, § 2186; Code 1915, § 4397; C.S. 1929, § 105-2011; 1941 Comp., § 25-1311; 1953 Comp., § 22-14-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Request to award attorney fees denied. Landskroner v. McClure, 1988-NMSC-091, 107 N.M. 773, 765 P.2d 189.
NM Stat § 42-6-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-13 - Method of service on state; answer.

Service upon the state shall be made by serving the process of the court, with a copy of the complaint, upon the attorney general of the state and the state agency involved in the action. The complaint shall set forth with particularity the nature of the interest or lien of the state on the property. The attorney general and the state agency shall have thirty days after service as above provided, or such further time as the court may allow, within which to serve an answer or other pleading. History: 1941 Comp., § 25-1313, enacted by Laws 1947, ch. 150, § 2; 1953 Comp., § 22-14-13; Laws 1969, ch. 111, § 1; 1970, ch. 24, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 62B Am. Jur. 2d Process § 157; 65 Am. Jur. 2d Quieting Title § 75. 74 C.J.S. Quieting Title § 50.
NM Stat § 42-6-14 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-14 - Judicial sale; alternative remedies.

A. Except as provided in Subsection B or C of this section, a judicial sale made in pursuance of a judgment in a suit in which the state is a party, to quiet title to or to foreclose a mortgage or other lien upon real estate or personal property, shall have the same effect respecting the discharge of the property from liens and encumbrances held by the state as may be provided with respect to such matters by law as to all other persons. B. A sale to satisfy a lien inferior to one of the state shall be made subject to and without disturbing the lien of the state, unless the state consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled. C. Where a sale of real estate is made to satisfy a lien prior to that of the state, the state shall have one month from the date of sale within which to redeem, but the district court, upon a showing of good cause that redemption will be effected, may increase the redemption period to not more than nine months. D. In any case where the debt owing the state is due, the state may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage. E. In any case where property is sold to satisfy a first mortgage or first lien held by the state, the state may bid at the sale a sum not exceeding the amount of its claim with expenses of sale, as may be directed by the head of the agency of the state that has charge of the administration of the laws in respect of which the claim of the state arises. History: 1941 Comp., § 25-1314, enacted by Laws 1947, ch. 150, § 3; 1953 Comp., § 22-14-14; 2011, ch. 171, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The 2011 amendment, effective June 17, 2011, in Subsection A, clarified the existing language of the statute, which provided that a judicial sale discharges the interest of the state in the same manner as it discharges all other interests; and in Subsection C, decreased the period in which the state may exercise its right of redemption from nine months to one month, and permitted the court to increase the redemption period to nine months upon a showing of good cause that the state will exercise its right of redemption. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 30, 31. 74 C.J.S. Quieting Title §§ 21, 76, 84, 106.
NM Stat § 42-6-15 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-15 - [Release of lien held by state.]

If any person shall have a lien upon any real or personal property, duly filed of record in the county in which the property is located and a junior lien (other than a lien for any tax) in favor of the state attaches to such property, such person may make a written request to the officer of the state charged with the administration of the laws in respect of which the lien of the state arises, to have the same extinguished. If, after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the state, or that the claim of the state has been satisfied, or by lapse of time or otherwise, has become unenforceable, such officer shall so report to the attorney general, who thereupon may issue a certificate of release which shall operate to release the property from such lien. History: 1941 Comp., § 25-1315, enacted by Laws 1947, ch. 150, § 4; 1953 Comp., § 22-14-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 C.J.S. Quieting Title §§ 101, 102, 105.
NM Stat § 42-6-16 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-16 - [State exempt from payment of costs or money judgment.]

No judgment for costs or other money judgment shall be rendered against the state in any suit or proceeding which may be instituted under the provisions of this act [42-6-12 to 42-6-16 NMSA 1978]. Nor shall the state be or become liable for the payment of the costs of any such suit or proceeding or any part thereof. History: 1941 Comp., § 25-1316, enacted by Laws 1947, ch. 150, § 5; 1953 Comp., § 22-14-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-6-17 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-17 - Effect of decree against state.

A decree quieting title against the state is effective only against a claim, interest or lien of the state that has been set forth in the pleading served upon the state with sufficient factual detail to give the state reasonable notice of the basis of the claim, interest or lien sought to be quieted; provided, however, that service of a copy of the complaint on the state tax commission [property tax division of the taxation and revenue department], identifying the land, and setting out all delinquent taxes shown on the county tax rolls, pertaining to such land, shall be deemed sufficient notice to the state of all claims of the state arising out of delinquent ad valorem taxes or unrecorded instruments of title and any decree quieting title against the state shall be effective to cut off any claim arising from such unrecorded instrument of title or claim for unpaid taxes. History: 1953 Comp., § 22-14-17, enacted by Laws 1965, ch. 176, § 1; 1969, ch. 111, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The state tax commission was abolished by Laws 1970, ch. 31, § 22. The 1970 act, now repealed, created the property appraisal department, to which the powers and duties of the state tax commission were transferred. Laws 1973, ch. 258, § 3 created the property tax department, to which the property, records and appropriations of the property appraisal department were transferred. Laws 1977, ch. 249, § 5 abolished the property tax department, while Laws 1977, ch. 249, § 4 created the taxation and revenue department, consisting of the revenue division, the property tax division and the oil and gas accounting division. See 7-2-2 and 9-11-4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 10, 24, 65, 87 to 92. 74 C.J.S. Quieting Title §§ 96, 103 to 108.
NM Stat § 42-7-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 7 - Specific Performance|Section 42-7-2 - [Service by publication.]

Service by publication may be had in all actions brought under Section 1 [42-7-1 NMSA 1978] of this act when it is made to appear by affidavit that any defendant is a nonresident of the state. History: Laws 1933, ch. 9, § 2; 1941 Comp., § 25-1602; 1953 Comp., § 22-18-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62B Am. Jur. 2d Process § 158; 71 Am. Jur. 2d Specific Performance § 186. Constructive service on nonresident, 93 A.L.R. 621, 173 A.L.R. 985. 81A C.J.S. Specific Performance § 146.
NM Stat § 42-7-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 7 - Specific Performance|Section 42-7-3 - [Affidavit for service by publication.]

Before service can be made by publication an affidavit must be filed in the action showing the cause to be one for the specific performance of a contract for the sale of real estate, and that the defendant to be served with process is a nonresident of the state, and it being shown to the satisfaction of the court that the defendant is in fact a nonresident, the court shall order service by publication. History: Laws 1933, ch. 9, § 3; 1941 Comp., § 25-1603; 1953 Comp., § 22-18-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service by publication, see Rule 1-004H NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d Specific Performance § 186. Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of United States, 137 A.L.R. Fed. 481.
NM Stat § 42-7-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 7 - Specific Performance|Section 42-7-4 - [Effect of decree; compelling conveyance.]

Whenever in an action under the provisions of this act [42-7-1 to 42-7-4 NMSA 1978] a decree of specific performance is made it shall act upon the land itself and the court may compel a conveyance of the real estate by attachment or appoint a commission to make the conveyance. History: Laws 1933, ch. 9, § 4; 1941 Comp., § 25-1604; 1953 Comp., § 22-18-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For enforcement of judgment for specific acts, see Rule 1-070 NMRA. Absolute certainty in contract not required to support decree. — While a contract to convey real estate must be definite and certain before it will be enforced, absolute certainty in a contract is not required in order to support a decree of specific performance; reasonable certainty is all that is required. Whattey v. Colcott, 1956-NMSC-100, 61 N.M. 455, 302 P.2d 514. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d Specific Performance §§ 221 to 226. Awarding damages for delay, 95 A.L.R. 228. Depreciation in value of property itself, or in its market price or value, subsequent to defendant's fault, right of one seeking specific performance to recover as damages amount measured by, 105 A.L.R. 1421. Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of United States, 137 A.L.R. Fed. 481. 81A C.J.S. Specific Performance §§ 199, 200, 208, 215 to 219.
NM Stat § 42-8-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-2 - [Cross-replevin; property in hands of officer.]

No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided. History: C.L. 1897, § 2685 (229), added by Laws 1907, ch. 107, § 1 (229); Code 1915, § 4341; C.S. 1929, § 105-1702; 1941 Comp., § 25-1502; 1953 Comp., § 22-17-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effect of third person claiming right to possession against sheriff. — An action of replevin by a third person, claiming the right to possession, against the sheriff, for the recovery of personal property seized by him under a valid writ of attachment, in the regular discharge of his duties as such, will not lie, either at common law or under the statute. Butts v. Woods, 1888-NMSC-004, 4 N.M. (Gild.) 343, 16 P. 617 (decided under former law). Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962). Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 20, 25, 33.
NM Stat § 42-8-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-4 - [Remedy against corporation same as against individual.]

Suits of replevin may be commenced and carried to a conclusion against any incorporated company in this state in all cases that may be begun and carried against any ordinary defendants. History: C.L. 1897, § 2685 (231), added by Laws 1907, ch. 107, § 1 (231); Code 1915, § 4343; C.S. 1929, § 105-1704; 1941 Comp., § 25-1504; 1953 Comp., § 22-17-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin § 38.
NM Stat § 42-8-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-6 - Replevin bond; when filed; parties; conditions.

The plaintiff shall before the execution of the writ enter into bond with sufficient sureties, to the officer to whom the writ is directed, in double the value of the property, conditioned on the prosecution of the suit with effect and without delay and that he will without delay make return of the property if a return is adjudged, keep harmless the officer and pay all costs that may accrue. History: C.L. 1897, § 2685 (233), added by Laws 1907, ch. 107, § 1 (233); Code 1915, § 4345; C.S. 1929, § 105-1706; 1941 Comp., § 25-1506; 1953 Comp., § 22-17-6; Laws 1975, ch. 249, § 2. ANNOTATIONSCross references. — For approval and filing of bond when suit against sheriff, see 42-8-9 NMSA 1978. For the issuance of writs by the judge of the district court, and approval of bond, see 42-8-18 NMSA 1978. For suit on replevin bond, see 46-6-7 NMSA 1978. Writ served only by giving bond. — Writ of replevin may be required to be served only upon the giving of the bond specified herein. Troy Laundry Mach. Co. v. Carbon City Laundry Co., 1921-NMSC-038, 27 N.M. 117, 196 P. 745. When failure to give bond not cause for dismissal. — Action should not be dismissed for failure to give bond prior to the issuance of the writ, where there was an appearance and pleading to the merits. Objection should have been taken by motion before pleading to the merits. Laird v. Upton, 1897-NMSC-012, 8 N.M. 409, 45 P. 1010 (decided under former law). Under former law, bond not jurisdictional. — Laws 1865, ch. 35, § 3, did not require the giving of the bond prior to the issuance of the writ except where the action was against the sheriff, for the giving of the bond was not jurisdictional. Laird v. Upton, 1897-NMSC-012, 8 N.M. 409, 45 P. 1010 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 19, 33, 34, 58 to 60, 86. Loss or destruction of property pending replevin action as affecting liability under bond given therein, 31 A.L.R. 1290. 77 C.J.S. Replevin § 46 et seq.