reglab/housing_qa huggingface dataset:
NM Stat § 42-4-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-3 - [Principles apply to equity suits.]

The principles of the provisions of this article shall apply and extend to all suits in equity when the object of the complaint or answer is for the recovery of lands and tenements. History: C.L. 1897, § 2685 (265), added by Laws 1907, ch. 107, § 1 (265); Code 1915, § 4378; C.S. 1929, § 105-1819; 1941 Comp., § 25-803; 1953 Comp., § 22-8-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this article" appeared in the original act. As used there, they referred to art. 14 of Laws 1907, ch. 107, compiled as 42-4-1 to 42-4-16 NMSA 1978. This section is part of art. 18 of ch. 88 of the 1915 Code, which is compiled as 42-4-1 to 42-4-19 NMSA 1978. Joinder of causes of action. — Where appellee's amended complaint first alleged that she was the owner and entitled to possession of the land involved, then alleged that appellants constructed two houses and utility lines in such a manner as to encroach on her property to her damage, and that appellants should be required to remove the encroachments, appellee's amended complaint is that type of alternative pleading which is permissible under Rule 8(a)(2), N.M.R. Civ. P. (now Rule 1-008 NMRA). As both legal and equitable remedies are administered by a single court, there was no error by a joinder of the causes of action. Heaton v. Miller, 1964-NMSC-080, 74 N.M. 148, 391 P.2d 653. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 1, 18, 32, 44. 28A C.J.S. Ejectment § 60.
NM Stat § 42-4-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-4 - [Parties to action.]

The action shall be prosecuted in the real names of the parties, and shall be brought against the tenant in possession, or against the person under whom such tenant holds or claims possession. Any person claiming such premises may, on motion, be made a defendant. History: C.L. 1897, § 2685 (252), added by Laws 1907, ch. 107, § 1 (252); Code 1915, § 4362; C.S. 1929, § 105-1803; 1941 Comp., § 25-804; 1953 Comp., § 22-8-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For action prosecuted by real party in interest, see Rule 1-017 A NMRA. Determination of necessary party. — Any person having an interest adverse to plaintiff, or claiming title or right of possession, may be made a defendant, but such a person may, or may not, be a necessary party, the rule being subject to the principle that only persons in actual occupation are necessary parties. Latin Am. Council of Christian Churches v. Leal, 57 N.M. 502, 260 P.2d 697 (1953). One in actual occupation, necessary and proper defendant. — Generally, in an ejectment action the person in actual occupation or possession is a necessary and proper defendant, and no other person is a necessary or proper party defendant. Latin Am. Council of Christian Churches v. Leal, 57 N.M. 502, 260 P.2d 697 (1953). Action of ejectment against cotenant. — Ejectment lies against a cotenant, or a grantee of a cotenant, attempting to hold adversely to his cotenant. Prior possession, under such circumstances, is sufficient to maintain ejectment. Lasswell v. Kitt, 11 N.M. 459, 70 P. 561 (1902); Lockhart v. Leeds, 10 N.M. 568, 63 P. 48 (1900), rev'd on other grounds, 195 U.S. 427, 25 S. Ct. 76, 49 L. Ed. 263 (1904). Tenant in common may sue separately in ejectment and may recover possession of the entire estate in subordination to the rights of his cotenants, if the defendant shows no title. De Bergere v. Chaves, 14 N.M. 352, 93 P. 762 (1908), aff'd, 231 U.S. 482, 34 S. Ct. 144, 58 L. Ed. 325 (1913). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 1, 26, 27, 28. 28A C.J.S. Ejectment § 50 et seq.
NM Stat § 42-4-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-5 - [Contents of complaint.]

It shall be sufficient for the plaintiff to declare in his complaint that on some day, named therein, he was entitled to the possession of the premises, describing them; and that the defendant, on a day named in the complaint, afterwards entered into such premises, and unlawfully withheld from the plaintiff the possession thereof, to his damage for any sum he may name. History: C.L. 1897, § 2685 (253), added by Laws 1907, ch. 107, § 1 (253); Code 1915, § 4363; C.S. 1929, § 105-1804; 1941 Comp., § 25-805; 1953 Comp., § 22-8-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For real property description in pleading, see 47-1-46 NMSA 1978. Failure to aver right to possession renders complaint defective. — Complaint in ejectment, failing to aver that plaintiff is entitled to the possession of the premises in question, is fatally defective. Osborne v. United States, 1885-NMSC-010, 3 N.M. (Gild.) 337, 5 P. 465 (decided under former law). It is not sufficient to allege that defendant unjustly withholds premises from the plaintiff. Osborne v. United States, 1885-NMSC-010, 3 N.M. (Gild.) 337, 5 P. 465 (decided under former law). Amendments to complaint. — Where, in complaint in ejectment, plaintiff alleges ownership in herself and, though not required by statute to do so, alleges her claim of title from defendant to plaintiff's immediate predecessor in title, plaintiff can show complete title by proof, absent objection thereto, and the complaint is considered as amended to include the omitted and necessary allegation. Herington v. Herrera, 1940-NMSC-033, 44 N.M. 374, 102 P.2d 896. In ejectment, plaintiff is bound by chain of title pleaded by her. Herington v. Herrera, 1940-NMSC-033, 44 N.M. 374, 102 P.2d 896. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 21, 32, 33, 34. Instructions in ejectment on rule that plaintiff must recover on strength of own title, 159 A.L.R. 646. Rule that plaintiff in real action may recover on proof of better title from common source as applicable where plaintiff's evidence shows that the common-source title is bad, 5 A.L.R.3d 375. 28A C.J.S. Ejectment § 55 et seq.
NM Stat § 42-4-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-6 - [Defendant's pleadings; plaintiff's reply.]

The defendant shall plead to the complaint, as required by Sections 4106 and 4110; and the plaintiff may reply or demur. History: C.L. 1897, § 2685 (254), added by Laws 1907, ch. 107, § 1 (254); Code 1915, § 4364; C.S. 1929, § 105-1805; 1941 Comp., § 25-806; 1953 Comp., § 22-8-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Sections 4106 and 4110 refer to the 1915 Code, §§ 4106, 4110, which are superseded by Rules 1-007A and 1-012B NMRA. Rule 1-007C NMRA abolished the use of demurrers. What parties may show in their pleadings. — In ejectment, the plaintiff may show any fact which establishes his right to possession, and the defendant may show any fact to establish that the plaintiff is not entitled to possession, under the plea of not guilty. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 11, 36, 37. Estoppel of tenant never in possession under lease to dispute landlord's title in action of ejectment, 98 A.L.R. 546. Estoppel or waiver, necessity of pleading in ejectment action, 120 A.L.R. 92. Defense of adverse possession or statute of limitations as available under general denial or plea of general issue, 39 A.L.R.2d 1426. 28A C.J.S. Ejectment § 34 et seq.
NM Stat § 42-4-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-8 - [Action between cotenants; ouster to be shown.]

In any action brought by a joint tenant, or tenant in common, against a cotenant, he shall be required to prove an actual ouster or act equivalent thereto. History: C.L. 1897, § 2685 (256), added by Laws 1907, ch. 107, § 1 (256); Code 1915, § 4366; C.S. 1929, § 105-1807; 1941 Comp., § 25-808; 1953 Comp., § 22-8-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Ouster by executing warranty deed. — The act of a part of the tenants in common in executing a deed with covenants of warranty, purporting to convey the entire estate, is an ouster of the other cotenants. Baker v. de Armijo, 1912-NMSC-046, 17 N.M. 383, 128 P. 73; Neher v. Armijo, 1898-NMSC-005, 9 N.M. 325, 54 P. 236, overruled on other grounds by De Bergere v. Chaves, 1908-NMSC-006, 14 N.M. 352, 93 P. 762. Constructive ouster by divorced spouse. — If one of the parties in a divorce case remains in possession of the community residence between the date of the divorce and the date of the final judgment dividing the community assets, then there may be a form of constructive ouster, exclusion or an equivalent act which is created as to the right of common enjoyment by the divorced spouse not in possession. This exclusion may render the divorced spouse in possession of the community residence liable to the divorced spouse not in possession for the use and occupation of the residence between the date of the divorce and the date of the final judgment. Hertz v. Hertz, 1983-NMSC-004, 99 N.M. 320, 657 P.2d 1169. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment § 21.
NM Stat § 42-4-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-10 - [Title expiring pendente lite; judgment.]

If the plaintiff's title expire after the action is brought, but before its determination, the verdict and judgment shall be for damages and costs only. History: C.L. 1897, § 2685 (258), added by Laws 1907, ch. 107, § 1 (258); Code 1915, § 4368; C.S. 1929, § 105-1809; 1941 Comp., § 25-810; 1953 Comp., § 22-8-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-4-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-11 - [Judgment for plaintiff.]

If the plaintiff prevail, the judgment shall be for the recovery of the possession, and for the damages and costs. History: C.L. 1897, § 2685 (259), added by Laws 1907, ch. 107, § 1 (259); Code 1915, § 4369; C.S. 1929, § 105-1810; 1941 Comp., § 25-811; 1953 Comp., § 22-8-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 42-4-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-12 - [Writ of possession.]

Upon judgment for the recovery of possession, a writ of possession shall be issued, and the sheriff shall deliver to the plaintiff the possession of the premises, and also collect the damages and costs, as on execution in other cases. History: C.L. 1897, § 2685 (260), added by Laws 1907, ch. 107, § 1 (260); Code 1915, § 4370; C.S. 1929, § 105-1811; 1941 Comp., § 25-812; 1953 Comp., § 22-8-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effect of defendant's reentry after plaintiff recovers in ejectment. — Where, after the plaintiff has recovered in ejectment and been put in possession, the defendant reenters the premises, expels the plaintiff and destroys his crop, a bill will lie to restore the plaintiff to possession and to enjoin the defendant from further molesting him. Romero v. Munos, 1859-NMSC-008, 1 N.M. 314 (decided under former law). Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Civil Procedure", see 11 N.M.L. Rev. 53 (1981).
NM Stat § 42-4-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-13 - [Execution; judgment for damages and costs.]

If the judgment be for damages and costs, an execution shall issue as in a personal action. History: C.L. 1897, § 2685 (261), added by Laws 1907, ch. 107, § 1 (261); Code 1915, § 4371; C.S. 1929, § 105-1812; 1941 Comp., § 25-813; 1953 Comp., § 22-8-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For executions, see 39-4-1 NMSA 1978 et seq. 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. — 28A C.J.S. Ejectment § 74 et seq.
NM Stat § 42-4-15 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-15 - [Improvements and mesne profits; verdict; set-off; judgment; payment by plaintiff before obtaining writ of possession.]

When the jury shall find a verdict for the plaintiff in such action, they shall also find the value of the improvements in favor of the defendant or tenant in possession, proved in the manner aforesaid, and further shall find the amount of the mesne profits proved to have accrued as aforesaid, as also the value of the land in its natural state without the improvements, and if the value of the improvements should exceed the amount of the mesne profits, the balance or overplus thereof shall be found by the jury in favor of the defendant or tenant in possession, and such plaintiff or plaintiffs shall not have a writ of possession awarded or issued against the defendant or defendants until he or they shall have paid to the said defendant or defendants, their agent or attorney, the full amount of balance or overplus, which the value of the improvements is found to exceed the mesne profits as aforesaid. And if the mesne profits as aforesaid shall exceed the value of the improvements as aforesaid, the jury aforesaid shall find the amount of such balance or overplus against the defendant or tenant in possession and judgment shall be entered up against said defendant or tenant in possession for such balance or overplus so found against them. History: C.L. 1897, § 2685 (263), added by Laws 1907, ch. 107, § 1 (263); Code 1915, § 4373; C.S. 1929, § 105-1814; 1941 Comp., § 25-815; 1953 Comp., § 22-8-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Plaintiff must raise issue of value of land in its natural state. Coleman v. Bell, 1887-NMSC-004, 4 N.M. (Gild.) 21, 12 P. 657. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 31, 47, 54, 57, 123, 124, 148, 159. Compensation, upon eviction, for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263. 28A C.J.S. Ejectment § 119 et seq.
NM Stat § 42-4-16 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-16 - [Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff.]

If upon the rendition of any judgment in any such suit, the value of the improvements put upon the land by any defendant or tenant in possession as aforesaid shall exceed the net mesne profits of said land, the plaintiff or plaintiffs shall at the term of court at which said judgment is rendered, elect whether he will take his judgment and pay for the improvements so assessed against him or take pay from the defendant or defendants for the net profits and the value of the land in its natural state without the improvements, and if he elect to take pay for the net profits and the value of the land without the improvements as aforesaid, the said plaintiff or plaintiffs shall tender a warranty deed to the defendant or defendants for the said lands, upon the payment of its value as found by the jury in its natural state without the improvements, which payment shall be made to the plaintiff or plaintiffs in such reasonable term [terms] as the court may allow. History: C.L. 1897, § 2685 (264), added by Laws 1907, ch. 107, § 1 (264); Code 1915, § 4374; C.S. 1929, § 105-1815; 1941 Comp., § 25-816; 1953 Comp., § 22-8-16. 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. — 28A C.J.S. Ejectment § 146 et seq.
NM Stat § 42-4-18 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-18 - [Possession of improvements taken; liability for value; abandonment excepted; specific and general lien.]

When any person claiming possession may have made, or may hereafter make, any valuable improvements on any land in this state, and any other person shall have taken, or may hereafter, in any manner, take from him or his assignor or assigns the possession of such improvements, or any part thereof, the person so taking possession shall be liable for the full value of such improvements so taken possession of, to the person who made the same, or to whom they may have been assigned: provided, the said possession and improvements shall not have been abandoned by the said person making the same, or those holding or claiming through him, for a greater period than six months immediately prior to so taking the possession thereof, and the value of said improvements shall be a lien upon the said improvements and the land in which they are situate until paid; as also upon all other real estate of the person so taking possession thereof situate in the same county. History: Laws 1878, ch. 6, § 4; C.L. 1884, § 2582; C.L. 1897, § 3756; Code 1915, § 4376; C.S. 1929, § 105-1817; 1941 Comp., § 25-818; 1953 Comp., § 22-8-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section supplemental to Section 42-4-17 NMSA 1978. — This section and Section 42-4-17 NMSA 1978 are supplemental to each other and do not afford distinct and different remedies. Speartex Grain Co. v. West, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447. Color of title required to invoke section. — A lessee claiming to have made improvements must have color of title in order to utilize the lien provision of this section. Speartex Grain Co. v. West, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447. For inapplicability of section to state lands. — All property placed on state land which became a part of the realty is the property of the state unless otherwise provided by law. Frank A. Hubbell Co. v. Curtis, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 19, 39.
NM Stat § 42-4-19 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-19 - [Sale of improvements.]

The possession of land and improvements, provided for in this article, may be sold, transferred and conveyed in the same manner as other real estate in this state; and the person so purchasing and receiving conveyance thereof shall have the same right and title and be subject to the same restrictions as the person who may take possession or make the improvements provided for in this article. History: Laws 1878, ch. 6, § 5; C.L. 1884, § 2583; C.L. 1897, § 3757; Code 1915, § 4377; C.S. 1929, § 105-1818; 1941 Comp., § 25-819; 1953 Comp., § 22-8-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The compilers of the 1915 Code substituted "this article" for "this act," thereby presumably extending the reference to include §§ 4360 to 4378 of the 1915 Code, the provisions of which are compiled as 42-4-1 to 42-4-19 NMSA 1978.
NM Stat § 42-4-20 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-20 - [Reversionary clause in deed; improvements; liens; waiver of claim.]

That any and all liens, encumbrances or money claims for improvements on lands, authorized or permitted in ejectment actions or equitable proceedings for the recovery of lands under reversionary provisions contained in deeds to reality [realty], whether heretofore or hereafter claimed, may be waived by instrument in writing executed either before or after the passage and approval of this act [this section]; provided, further, that in no event shall any such liens, encumbrances or claims be asserted by the grantee, his heirs or assigns, as against his grantor, his heirs or assigns, who becomes entitled to possession of such lands under the terms of the reversionary clauses contained in any such deed to realty. History: Laws 1937, ch. 31, § 1; 1941 Comp., § 25-820; 1953 Comp., § 22-8-20. 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. — 28A C.J.S. Ejectment § 39 et seq.
NM Stat § 42-4-21 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-21 - [Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession.]

That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person, persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the land office of the United States, such person, persons, company or corporation so contesting, may bring a suit of ejectment in the district court of the county in which the mine or mining claim is situated, for the recovery of the same, whether in or out of possession of such mine or claim, and the question as to who was in the possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of said mine or claim. History: Laws 1887, ch. 54, § 1; C.L. 1897, § 2290; Code 1915, § 3464; C.S. 1929, § 88-202; 1941 Comp., § 25-821; 1953 Comp., § 22-8-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section modifies rules on ejectment under 30 U.S.C. § 30. — In suits on adverse claims under 30 U.S.C. § 30, the rules governing ordinary ejectment suits are modified by this section. Upton v. Santa Rita Mining Co., 1907-NMSC-017, 14 N.M. 96, 89 P. 275. When plaintiff's title denied under section. — In actions under this section, it is sufficient as a general rule to deny plaintiff's title, when evidence tending to show lack of title may be given. Chilton v. 85 Mining Co., 1917-NMSC-072, 23 N.M. 451, 168 P. 1066. Complaint which contains allegations of section sufficient. — A complaint containing the allegations provided for in this section is sufficient in an action in support of an adverse claim to a mining location, although in the absence of this statute more specific allegations would be required. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of owner of interest in mineral in suit to maintain ejectment, 35 A.L.R. 234.