reglab/housing_qa huggingface dataset:
NM Stat § 39-5-23 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-23 - Duty to record redemption.

A. In all cases of redemption of lands from sale pursuant to the provisions of Sections 39-5-17 through 39-5-23 NMSA 1978: (1) if the redemption is by payment to the purchaser, it is the duty of the purchaser within forty-five days of receiving payment to create an acknowledged instrument in writing evidencing the redemption; or (2) if the redemption is by making deposit in the office of the clerk of the district court upon approval of the redemption by the district judge, it is the duty of the clerk of the court to create under the seal of the court an instrument evidencing the redemption. B. It is the duty of the party redeeming to record the instrument evidencing the redemption in the office of the county clerk in the same manner as other instruments of writing affecting title to real estate. History: Laws 1931, ch. 149, § 6; 1941 Comp., § 21-223; 1953 Comp., § 24-2-23; 2013, ch. 214, § 12. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided for the preparation and filing instruments of redemption; added the title; in Subsection A, in the introductory sentence, after "lands from sale", deleted "under the terms and" and added "pursuant to", after "provisions of" deleted "Section 39-5-17", and language that required the preparation and filing of instruments of redemption and payment of a filing fee, and added "Sections 39-5-17 through 39-5-23 NMSA 1978"; added Paragraphs (1) and (2) of Subsection A; and added Subsection B. Payment cannot be conditioned. — This section does not indicate that a debtor or its financier can condition the payment to the purchaser required by 39-5-18 A(1) NMSA 1978 upon this section's previous or contemporaneous satisfaction. Brown v. Trujillo, 2004-NMCA-040, 135 N.M. 365, 88 P.3d 881, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603. By conditionally tendering money to purchaser and then filing petition without cash deposit with the trial court, debtor did not substantially comply with either procedure the legislature has created. Brown v. Trujillo, 2004-NMCA-040, 135 N.M. 365, 88 P.3d 881, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603. Applicability to extrajudicial redemption procedure. — The requirement of this section for recordation of redemption applies to extra-judicial redemption procedure authorized under 39-5-18 NMSA 1978. W. Bank v. Malooly, 1995-NMCA-044, 119 N.M. 743, 895 P.2d 265. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 C.J.S. Mortgages § 852.
NM Stat § 39-6-1 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 6 - Levy and Sale of Livestock|Section 39-6-1 - [Levy on range cattle; gathering; filing, noting, indexing, copy of writ.]

Whenever it shall be necessary to levy any writ of attachment, replevin or execution under the laws of this state upon any livestock or herd of cattle that are ranging at large with other livestock or cattle over any range country, and when it would be impossible or impracticable to round up, gather or take possession of the same under such process without, at the same time, rounding up and cutting out the livestock belonging to other owners, then and in such case, the sheriff or other officer holding such writ, shall only take possession of such stock as he may be able to get without interfering with the livestock of other owners, and as to the balance, it shall be sufficient, in order to subject them to the lien of said writ, that the officer shall file with the county clerk of the county in which the brand of such livestock is recorded, a certified copy of said writ, and immediately upon the filing thereof the county clerk shall note the same in the reception book of his office, and shall also note the same in red ink on the margin of the page of the book where such brand is recorded, and shall properly index the process in the general and other proper indices of his office: provided, that if said livestock range is in more than one county, then the officer may file a like certified copy of the writ and brand in any such county, and the same shall have like binding effect as a lien upon such livestock. History: Laws 1889, ch. 54, § 1; C.L. 1897, § 3132; Code 1915, § 4533; C.S. 1929, § 106-104; 1941 Comp., § 21-401; 1953 Comp., § 24-4-1. ANNOTATIONSCross references. — For provisions relating to execution, see 39-4-1 NMSA 1978 et seq. For provisions relating to replevin, see 42-8-1 NMSA 1978 et seq. For attachments, see 42-9-1 NMSA 1978 et seq. Other cattle. — It is probable that the legislature intended that it would be necessary to gather such number of stock belonging to other owners as would do them some substantial injury or damage, before the prohibition under this section against gathering other cattle would apply. Schofield v. Territory ex rel. Am. Valley Co., 1899-NMSC-004, 9 N.M. 526, 56 P. 306, appeal dismissed, 20 S. Ct. 1029, 44 L. Ed. 1222 (1900). 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. — 6 Am. Jur. 2d Attachment and Garnishment §§ 97, 296; 30 Am. Jur. 2d Executions § 254. 7 C.J.S. Attachment §§ 180, 181; 33 C.J.S. Executions § 97; 77 C.J.S. Replevin § 46 et seq.
NM Stat § 39-6-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 6 - Levy and Sale of Livestock|Section 39-6-2 - [Effect of filing, noting, indexing, copy of writ.]

Such process, when so filed, noted and indexed, shall have all the binding force as a lien upon said livestock, as if the same had been levied against said livestock upon the range and the officer had taken possession of the same. Upon the next roundup after such levy, and at all times after such levy until such writ is satisfied, all persons coming into possession of any such livestock shall treat said officer as the owner thereof. History: Laws 1889, ch. 54, § 2; C.L. 1897, § 3133; Code 1915, § 4534; C.S. 1929, § 106-105; 1941 Comp., § 21-402; 1953 Comp., § 24-4-2.
NM Stat § 39-6-3 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 6 - Levy and Sale of Livestock|Section 39-6-3 - [Disposing of or killing livestock levied upon; larceny; penalty.]

After the filing, noting and indexing of such process in the office of the county clerk, as aforesaid, if any person or persons, including the defendant or defendants in such process, shall sell, drive away, dispose of or kill or butcher any of said livestock so levied upon, or shall attempt to sell, drive away, dispose of, kill, or butcher, any of said livestock, or shall gather or round up any of said stock with intent in any way to defeat the levy of said writ, he or they, shall be deemed guilty of grand larceny, and on conviction thereof, shall be subject to a fine of not less than two hundred dollars [($200)], nor more than one thousand dollars [($1,000)], or to imprisonment for not less than one year, or more than two years, in the discretion of the jury trying the case. History: Laws 1889, ch. 54, § 3; C.L. 1897, § 3134; Code 1915, § 4535; C.S. 1929, § 106-106; 1941 Comp., § 21-403; 1953 Comp., § 24-4-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For larceny generally, see 30-16-1 NMSA 1978.
NM Stat § 39-6-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 6 - Levy and Sale of Livestock|Section 39-6-4 - [Sale of stock levied upon; recording satisfaction of writ.]

Any livestock taken under any process, as provided in the foregoing section [sections] [39-6-1 to 39-6-3 NMSA 1978], shall be disposed of by the sheriff, or officer, as provided by law: provided, that in the case of a levy of a writ of execution, under the three preceding sections [39-6-1 to 39-6-3 NMSA 1978], the officer shall forthwith proceed to sell any livestock so levied upon, as now provided by law, in lots, from time to time as he may come into possession of the same, until the writ is satisfied. And upon such writ being satisfied he shall at once enter satisfaction thereof, in all cases, upon the margin of the record aforesaid, where such brand is recorded, and shall indorse [endorse] such satisfaction upon all process filed as aforesaid. History: Laws 1889, ch. 54, § 4; C.L. 1897, § 3135; Code 1915, § 4536; C.S. 1929, § 106-107; 1941 Comp., § 21-404; 1953 Comp., § 24-4-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For judicial sales under execution, see 39-5-1 NMSA 1978 et seq.
NM Stat § 39-7-1 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-1 - Short title.

This act [39-7-1 to 39-7-13 NMSA 1978] may be cited as the "Uniform Certification of Questions of Law Act". History: Laws 1997, ch. 8, § 1. ANNOTATIONSLaw reviews. — For article, "Certification and Removal: Practice and Procedures," see 31 N.M.L. Rev. 161 (2001).
NM Stat § 39-7-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-2 - Definitions.

As used in the Uniform Certification of Questions of Law Act: A. "state" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States; and B. "tribe" means a tribe, band or village of Native Americans that is recognized by federal law or formally acknowledged by a state. History: Laws 1997, ch. 8, § 2. ANNOTATIONS
NM Stat § 39-7-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-4 - Power to answer.

The supreme court of this state may answer a question of law certified to it by a court of the United States or by an appellate court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if the answer may be determinative of an issue in pending litigation in the certifying court and there is no controlling appellate decision, constitutional provision or statute of this state. History: Laws 1997, ch. 8, § 4. ANNOTATIONSNovel and untested questions. — The certification of a question to the New Mexico supreme court regarding the stacking of uninsured and underinsured motorist coverage would be inappropriate because question did not present a question that was novel or untested by New Mexico courts. Bonham v. Indem. Ins. Co. of N. Am., 507 F.Supp. 2d 1196 (D.N.M 2007).
NM Stat § 39-7-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-5 - Power to reformulate question.

The supreme court of this state may reformulate a question of law certified to it. History: Laws 1997, ch. 8, § 5. ANNOTATIONS
NM Stat § 39-7-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-6 - Certification order; record.

The court certifying a question of law to the supreme court of this state shall issue a certification order and forward it to the supreme court of this state. Before responding to a certified question, the supreme court of this state may require the certifying court to deliver all or part of its record to the supreme court of this state. History: Laws 1997, ch. 8, § 6. ANNOTATIONS
NM Stat § 39-7-7 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-7 - Contents of certification order.

A. A certification order must contain: (1) the question of law to be answered; (2) the facts relevant to the question, showing fully the nature of the controversy out of which the question arose; (3) a statement acknowledging that the supreme court of this state, acting as the receiving court, may reformulate the question; and (4) the names and addresses of counsel of record and parties appearing without counsel. B. If the parties cannot agree upon a statement of facts, the certifying court shall determine the relevant facts and state them as part of its certification order. History: Laws 1997, ch. 8, § 7. ANNOTATIONSMineral lessee's implied surface right of reasonable ingress and egress to reach well located inside production unit that the lessee is operating pursuant to a pooling arrangement extends across lease boundaries within the unit to the surface of the entire area subject to the arrangement, regardless of where within the unit production is taking place. Eden v. Voss, 105 Fed. Appx. 234 (10th Cir. 2004).
NM Stat § 39-7-8 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-8 - Notice; response.

The supreme court of this state, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable. History: Laws 1997, ch. 8, § 8. ANNOTATIONS
NM Stat § 39-7-9 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-9 - Procedures.

After the supreme court of this state has accepted a certified question, proceedings are governed by the rules and statutes governing briefs, arguments and other appellate procedures. Procedures for certification from this state to a receiving court are those provided in the rules and statutes of the receiving forum. History: Laws 1997, ch. 8, § 9. ANNOTATIONS
NM Stat § 39-7-10 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-10 - Opinion.

The supreme court of this state shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record and parties appearing without counsel. History: Laws 1997, ch. 8, § 10. ANNOTATIONS
NM Stat § 39-7-11 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-11 - Cost of certification.

Fees and costs are the same as in civil appeals docketed before the supreme court of this state and must be equally divided between the parties, unless otherwise ordered by the certifying court. History: Laws 1997, ch. 8, § 11. ANNOTATIONS
NM Stat § 39-7-12 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-12 - Severability.

If any provision of the Uniform Certification of Questions of Law Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable. History: Laws 1997, ch. 8, § 12. ANNOTATIONS
NM Stat § 39-7-13 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 7 - Uniform Certification of Questions of Law|Section 39-7-13 - Uniformity of application and construction.

The Uniform Certification of Questions of Law Act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of that act among states enacting it. History: Laws 1997, ch. 8, § 13. ANNOTATIONS
NM Stat § 40-1-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-3 - Ceremony by religious society.

It is lawful for any religious society or federally recognized Indian nation, tribe or pueblo to solemnize marriage conformably with its rites and customs, and the secretary of the society or the person authorized by the society or federally recognized Indian nation, tribe or pueblo shall make and transmit a transcript to the county clerk certifying to the marriages solemnized. History: Laws 1862-1863, p. 66; C.L. 1865, ch. 75, § 8; C.L. 1884, § 984; C.L. 1897, § 1421; Code 1915, § 3428; C.S. 1929, § 87-104; 1941 Comp., § 65-103; 1953 Comp., § 57-1-3; Laws 1983, ch. 193, § 2; 1989, ch. 78, § 2; 2013, ch. 144, § 3. ANNOTATIONSCompiler's notes. — As originally enacted, this section also contained the words: "and it shall be the duty of said clerk to record said marriages in the same manner as provided for in the foregoing section, and in case said society or the secretary or the person president thereof fail to comply with the provisions hereof, the same shall incur the penalty provided in the fifth section of this act, which shall be recovered in the same manner as is prescribed in said section." That provision was deleted by the 1915 Code compilers as impliedly repealed by Laws 1905, ch. 65, § 4 (40-1-15 NMSA 1978). The 2013 amendment, effective June 14, 2013, provided for the solemnization of marriage pursuant to the rites and customs of Indian nations, tribes of pueblos; after "recognized Indian", changed "tribe" to "nation, tribe or pueblo"; after "or pueblo to", deleted "celebrate" and added "solemnize"'; after "society or the person", deleted "presiding over" and added "authorized by"; and after "recognized Indian", deleted "tribe" and added "nation, tribe or pueblo". The 1989 amendment, effective June 16, 1989, twice inserted "or federally recognized Indian tribe", and made minor stylistic changes. Lack of evidence of license does not rebut presumption of marriage. — Mere lack of evidence of a record of the issuance of a license or of a ceremonial marriage is not sufficient to rebut the presumption of a ceremonial marriage. Trower v. Board of Cnty. Comm'rs, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109, overruled on other grounds by Panzer v. Panzer, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888.
NM Stat § 40-1-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-5 - Repealed.

History: Laws 1862-1863, p. 64; C.L. 1865, ch. 75, § 3; C.L. 1884, § 979; C.L. 1897, § 1416; Code 1915, § 3427; Laws 1923, ch. 100, § 1; C.S. 1929, § 87-103; 1941 Comp., § 65-105; 1953 Comp., § 57-1-5; Laws 1973, ch. 51, § 1; 1975, ch. 32, § 1; 1978 Comp., § 40-1-5, repealed by Laws 2013, ch. 144, § 14. ANNOTATIONSRepeals. — Laws 2013, ch. 144, § 14 repealed 40-1-5 NMSA 1978, as enacted by Laws 1862-1863, p. 64, relating to consent of parent or guardian for minor to marry, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 40-1-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-7 - Incestuous marriages.

All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void. History: Laws 1876, ch. 31, § 1; C.L. 1884, § 992; C.L. 1897, § 1425; Code 1915, § 3430; C.S. 1929, § 87-106; 1941 Comp., § 65-107; 1953 Comp., § 57-1-7; 2013, ch. 144, § 5. ANNOTATIONSCompiler's notes. — Prior to Comp. Laws 1884, this section contained the words "and first cousins" following the word "nephews." Those words were deleted to accord with Laws 1880, ch. 37, § 1, which repealed "such parts of all laws as prohibit the marriage of cousins of any degree." The 2013 amendment, effective June 14, 2013, defined incestuous marriages, added the title of the section; at the beginning of the section, deleted "Sec. 6"; after "children, including", deleted "grandfathers" and added "grandparents"; after "all degrees; between", deleted "half"; after "brothers and sisters", deleted "as also"; after "of full blood", added "or of half blood"; after "uncles and nieces" added "and between"; and deleted the former second sentence, which extended the section to illegitimate children to legitimize them. Marriage valid where celebrated. — New Mexico's public policy against incest did not preclude the district court from awarding a mother primary physical custody of her children, after taking into account her plans to marry her uncle, where that choice was in the best interests of the children, and mother and uncle intended to reside in California. Leszinske v. Poole, 1990-NMCA-088, 110 N.M. 663, 798 P.2d 1049, cert. denied, 110 N.M. 533, 797 P.2d 983. Law reviews. — For article, "Annulment of Marriages in New Mexico: Part II - Proposed Statute," see 2 Nat. Resources J. 270 (1962). For article, "New Mexico's 1969 Criminal Abortion Law," see 10 Nat. Resources J. 591 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 Am. Jur. 2d Incest §§ 1, 7. Incestuous marriage, attack after death of party, 47 A.L.R.2d 1393. 55 C.J.S. Marriage § 16.
NM Stat § 40-1-8 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-8 - Repealed.

History: Laws 1876, ch. 31, § 3; C.L. 1884, § 994; C.L. 1897, § 1427; Code 1915, § 3432; C.S. 1929, § 87-108; 1941 Comp., § 65-108; 1953 Comp., § 57-1-8; 1978 Comp., § 40-1-8, repealed by Laws 2013, ch. 144, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 144, § 14 repealed 40-1-8 NMSA 1978, as enacted by Laws 1876, ch. 31, § 3, relating to contracting or performing ceremony for unlawful marriage, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.