NM Stat § 42-6-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-9 - [Equitable procedure.]

The action contemplated by this article shall be conducted as other actions, by equitable proceedings under the rules of chancery. History: C.L. 1897, § 2685 (276), added by Laws 1907, ch. 107, § 1 (276); Code 1915, § 4394; C.S. 1929, § 105-2008; 1941 Comp., § 25-1309; 1953 Comp., § 22-14-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The New Mexico Rules of Civil Procedure for the District Courts now govern "all suits of a civil nature whether cognizable as cases at law or in equity, except in special statutory and summary proceedings where existing Rules are inconsistent" therewith. Rule 1-001 NMRA. Only one form of action is provided for, "civil action". Rule 1-002 NMRA. 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. Effect of pendency of quiet title action on federal claim. — A federal claim for deed cancellation need not be dismissed because of the pendency of a quiet title claim in the state action, and as this section provides that quiet title actions are equitable, each action may be labeled as in personam. Miller v. Miller, 423 F.2d 145 (10th Cir. 1970). When court lacks jurisdiction to try case in equity. — The court is without jurisdiction to try the case in equity when the answer sets up title, possession and the right to possession, since there is adequate remedy at law. Pankey v. Ortiz, 1921-NMSC-007, 26 N.M. 575, 195 P. 906 (decided under former law). Constructive service proper where names and addresses of defendants are not reasonably ascertainable. — In a collateral attack on a 1948 quiet title judgment in San Juan county, in which service of process was accomplished by publication in a weekly newspaper, and where the plaintiffs in the 1948 complaint alleged that after diligent search and inquiry, they had been unable to learn or determine the names, places of residence, addresses and whereabouts of any unknown heirs of any deceased defendants or if any defendants were still living and residing in New Mexico, they could not be located because they had secreted themselves so that personal service of process could not be effected, and where the return of service completed by the Sheriff of San Juan county indicated that after diligent search and inquiry, any predecessors-in-interest could not be located and personally served with process, the district court correctly found that the suit in this case constituted an improper collateral attack on the 1948 judgment quieting title in defendants' predecessors-in-interest, because constructive notice given in the underlying case was sufficiently reasonably calculated under the circumstances as they existed in 1948; constructive service of process by publication satisfies due process if the names and addresses of the defendants to be served are not reasonably ascertainable. T.H. McElvain Oil & Gas Ltd. P'ship v. Benson-Montin-Greer Drilling Corp., 2017-NMSC-004, rev'g 2015-NMCA-004, 340 P.3d 1277. Equitable principles in quiet title action. — In quiet title action, where the evidence was insufficient to show that the complaining party was given sufficient notice that they were entitled to enforce their ownership rights, but delayed in asserting their rights or neglected to do so, the district court erred in granting summary judgment based on equitable principles of laches, waiver and judicial estoppel. T.H. McElvain Oil & Gas Ltd. P'ship v. Benson-Montin-Greer Drilling Corp., 2015-NMCA-004, cert. granted, 2014-NMCERT-012. Where judgment quieting title to property improper. — In quiet title action, plaintiffs' constructive service upon defendants, who had an ownership interest in the property, failed to comply with due process, and therefore, quiet title action was void as to defendants, where plaintiffs failed to undertake a diligent and good faith effort to personally serve defendants by failing to either investigate evidence of the defendants' location as required, or to fully apprise the district court of the defendants' state of residence which was revealed during transactions involving the property. T.H. McElvain Oil & Gas Ltd. P'ship v. Benson-Montin-Greer Drilling Corp., 2015-NMCA-004, cert. granted, 2014-NMCERT-012. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 2, 4, 14, 29, 36, 54, 83, 91. 74 C.J.S. Quieting Title §§ 1, 3 to 6, 8, 59, 60, 70, 75, 76.