reglab/housing_qa huggingface dataset:
NM Stat § 42-4-22 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-22 - [Special verdict or findings; entry on mining land pending suit.]

The court, in an action for the recovery of a mine or mining claim where a patent is applied for, and the contest is pending in the land office of the United States, may, upon motion of either party to the suit, require the jury to return a special verdict, if tried by a jury; if not, then by a judge trying the same shall make a special finding as to the particular interest each party owns in the mine or claim in dispute, under and by virtue of the mining laws of the United States, which special verdict or finding shall be entered into the judgment and upon the record of the court trying the same: provided, however, there shall be no special verdict by the court or jury, except where the evidence shows both parties to the suit to have a bona fide interest in the mine or claim sued for: and, provided further, that no third person who may have entered upon such mining claim or any part thereof, for the purpose of locating or claiming the same before or during such litigation in the district court growing out of any contest in any United States land office in this state, shall acquire any interest either at law or in equity in the claim or any part thereof in dispute, and shall be deemed and declared a trespasser or trespassers, unless he or they have been, or may, during the pendency of such litigation in the district court resulting from such contest in the United States land office, by a proper application to the court, be made party or parties to such suit adverse to either of such litigants, or both, or shall have taken such legal steps to assert his or their claim in a court of competent jurisdiction within six months after the commencement of such contest in the United States land office. History: Laws 1887, ch. 54, § 2; 1889, ch. 111, § 1; C.L. 1897, § 2291; Code 1915, § 3465; C.S. 1929, § 88-203; 1941 Comp., § 25-822; 1953 Comp., § 22-8-22. 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 "if not, then by a judge" for "if not, then the judge." Jury may render special verdicts to define respective rights of parties in the premises. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724. Parties upon proper request are entitled to special findings upon questions relevant to the cause, but in the absence of such request, it is not error for the court to fail to require findings of the jury. Upton v. Santa Rita Mining Co., 1907-NMSC-017, 14 N.M. 96, 89 P. 275. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28A C.J.S. Ejectment § 150.
NM Stat § 42-4-23 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-23 - [Working mine pending suit; waste.]

That nothing in the two preceding sections [42-4-21, 42-4-22 NMSA 1978] shall prohibit the working and development of a mine or mining claim by either party in interest who may be in possession of the mine or claim during the pendency of the suit, nor prohibit anyone from bringing an action for damages, or a suit in equity to prevent waste. History: Laws 1887, ch. 54, § 3; C.L. 1897, § 2292; Code 1915, § 3466; C.S. 1929, § 88-204; 1941 Comp., § 25-823; 1953 Comp., § 22-8-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-4-24 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-24 - [Assessment work pending suit; retention of ore.]

Hereafter in any suit or action pending in any of the courts of this state, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and subject to relocation, the party or parties to any such suit out of possession, upon petition to the court in which suit or action is pending, showing that such annual assessment work has not been done on or before the first day of November in the year during which such work is required to be done, shall be entitled to an order as of course in such suit or action, permitting such party or parties to enter in and upon such mine or mining claims, with their agents and laborers, and to do and perform such annual assessment work to prevent the said mining claim or claims from becoming subject to relocation: provided, that in the doing of such work, no ore shall be removed from the boundaries of such mining claim. History: Laws 1905, ch. 83, § 1; Code 1915, § 3455; C.S. 1929, § 88-111; 1941 Comp., § 25-824; 1953 Comp., § 22-8-24. 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 § 57 et seq.
NM Stat § 42-4-25 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-25 - [Effect of performing assessment work pending suit.]

Upon the doing of any assessment work, as provided in Section 42-4-24 NMSA 1978, the said mining claim or claims shall not be subject to relocation for failure to do the annual assessment work, as against any of the parties to such suit or action. History: Laws 1905, ch. 83, § 2; Code 1915, § 3456; C.S. 1929, § 88-112; 1941 Comp., § 25-825; 1953 Comp., § 22-8-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-4-26 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-26 - [Measurements and surveys of mine pending suit; authorization; expenses.]

In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of said mining claim for the purpose of measuring or surveying the same, either upon the surface or in the workings thereof, peaceably, and without molestation; the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the same was done. History: Laws 1887, ch. 55, § 1; C.L. 1897, § 2293; Code 1915, § 3467; C.S. 1929, § 88-205; 1941 Comp., § 25-826; 1953 Comp., § 22-8-26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The distinction between actions at law and suits in equity has been done away with by Rule 1-002 NMRA, which provides for one form of action only. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28A C.J.S. Ejectment § 138.
NM Stat § 42-4-27 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-27 - [Who may enter for measurements and surveys.]

The right to go upon and enter said mining claim shall be extended to the party applying therefor, as well as a surveyor and two chain carriers. History: Laws 1887, ch. 55, § 2; C.L. 1897, § 2294; Code 1915, § 3468; C.S. 1929, § 88-206; 1941 Comp., § 25-827; 1953 Comp., § 22-8-27. 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. — 25 Am. Jur. 2d Ejectment § 18.
NM Stat § 42-4-28 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-28 - [Notice of desire to enter mine.]

Before any person may enter upon or go into the workings of such mine without the consent of the person or corporation in possession, he shall give not less than five days' notice in writing to such person in possession, or to his agent or manager, and if the possession is held by a corporation, said notice shall be served upon the president, agent or manager of such corporation, or upon the foreman in charge of the mine, that at a certain date, specified in said notice, he desires to enter upon or go into the workings of said mine, as the case may be, for the purpose of surveying and taking a measurement of the same, in order that he may be able to present the facts on the trial. History: Laws 1887, ch. 55, § 3; C.L. 1897, § 2295; Code 1915, § 3469; C.S. 1929, § 88-207; 1941 Comp., § 25-828; 1953 Comp., § 22-8-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-4-29 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-29 - [Refusing entry; court may exclude evidence, render judgment or assist entry; costs.]

If such person or corporation shall not permit any party in interest in such suit or action, to go upon or enter said mine, as contemplated in the preceding sections [42-4-26, 42-4-27, 42-4-28 NMSA 1978], after having been notified in the manner designated, the court may, upon proper showing, verified by affidavit, or otherwise, exclude all evidence offered on the trial by the party so refusing, or render judgment or decree in favor of the party giving such notice: provided, that the court may, in its discretion, make an order directing the sheriff to go upon the ground with the party applying for the measurement and survey of such mine, and place the person so applying in possession, for the purpose of measuring and surveying the same, in which case the court may direct the payment of costs as may be just and proper. History: Laws 1887, ch. 55, § 4; C.L. 1897, § 2296; Code 1915, § 3470; C.S. 1929, § 88-208; 1941 Comp., § 25-829; 1953 Comp., § 22-8-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-4-30 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 4 - Ejectment and Recovery of Real Property|Section 42-4-30 - [Evidence of measures and surveys.]

The competency, relevancy and effect of such survey and measurement, as evidence, shall be governed by the ordinary rules of evidence in civil cases. History: Laws 1887, ch. 55, § 5; C.L. 1897, § 2297; Code 1915, § 3471; C.S. 1929, § 88-209; 1941 Comp., § 25-830; 1953 Comp., § 22-8-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Rules of Evidence, see Rule 11-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 43, 49. 28A C.J.S. Ejectment § 58 et seq.
NM Stat § 42-5-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-2 - [Parties to action.]

Every person having an interest in the premises, whether having possession or otherwise, or whether such interest be based upon the common source of title or otherwise, shall be made a party to such complaint, and in cases where one or more of such parties shall be unknown, or the share or quantity or interest of any of the parties is unknown to the plaintiff, or when such shares or interest shall be uncertain or contingent, or when there may be any other impediment, so that such parties cannot be named, the same shall be so stated in the complaint. History: C.L. 1897, § 2685 (267), added by Laws 1907, ch. 107, § 1 (267); Code 1915, § 4380; C.S. 1929, § 105-1902; 1941 Comp., § 25-1202; 1953 Comp., § 22-13-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For pleading asserting a claim stating reason for omitting name, see Rule 1-019 C NMRA. Proceedings against adverse possessors not instituted as against unknown owners. — Where persons are in actual adverse possession of the lands, proceedings in partition may not be instituted against them as unknown owners. Pankey v. Ortiz, 1921-NMSC-007, 26 N.M. 575, 195 P. 906; Rodriguez v. La Cueva Ranch Co., 1912-NMSC-028, 17 N.M. 246, 134 P. 228; Priest v. Board of Trustees, 1911-NMSC-072, 16 N.M. 692, 120 P. 894, aff'd, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914). Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 74 to 77, 109, 125, 164 to 188, 196. Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105. Right of executor or administrator to bring proceedings for partition of real property, 57 A.L.R. 573. Trustee holding legal title, right of, to maintain partition suit, 103 A.L.R. 455. 68 C.J.S. Partition §§ 2, 9, 17, 56 to 59, 73 to 75, 79, 95, 147.
NM Stat § 42-5-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-3 - [Unknown persons made parties.]

All persons interested in the lands, tenements or hereditaments of which partition is sought to be made, whose names are unknown, may be made parties to such partition by the name and description of unknown owners or proprietors of the premises, or as unknown heirs of any persons who may have been interested in the same. History: C.L. 1897, § 2685 (268), added by Laws 1907, ch. 107, § 1 (268); Code 1915, § 4381; C.S. 1929, § 105-1903; 1941 Comp., § 25-1203; 1953 Comp., § 22-13-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Proceedings against adverse possessors not instituted as against unknown owners. — Where persons are in actual adverse possession of the lands, proceedings in partition may not be instituted against them as unknown owners. Pankey v. Ortiz, 1921-NMSC-007, 26 N.M. 575, 195 P. 906; Rodriguez v. La Cueva Ranch Co., 1912-NMSC-028, 17 N.M. 246, 134 P. 228; Priest v. Board of Trustees, 1911-NMSC-072, 16 N.M. 692, 120 P. 894, aff'd, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914). Obligation to inquire as to persons claiming part of estate. — Plaintiff in a partition proceeding may not sit in his office, refrain from all inquiry as to the persons claiming any part of the estate sought to be partitioned, pursue no sources of information of which he may be aware and, because in fact he does not actually know the names of the adverse claimants to the estate sought to be partition, (partitioned), he may not proceed against them as unknown owners, and thereby deprive them effectually of all of their rights and property. Pankey v. Ortiz, 1921-NMSC-007, 26 N.M. 575, 195 P. 906. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 79, 81. 68 C.J.S. Partition §§ 75, 78, 81, 83, 88, 147, 216.
NM Stat § 42-5-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-4 - [Intervention.]

During the pendency of such suit or proceeding any person claiming to be interested in the premises may appear and answer the complaint and assert his right by way of intervention, whether such interest be derived or claimed under the common source of title or otherwise, and the court shall decide upon their [his] rights as though they [he] had been made parties [a party] in the first instance. History: C.L. 1897, § 2685 (269), added by Laws 1907, ch. 107, § 1 (269); Code 1915, § 4382; C.S. 1929, § 105-1904; 1941 Comp., § 25-1204; 1953 Comp., § 22-13-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For intervention, see Rule 1-024 NMRA. Right to intervene is given to all persons claiming interest in the land, whether under the common title sought to be partitioned or by title independent thereof. Montoya v. Unknown Heirs of Vigil, 1911-NMSC-042, 16 N.M. 349, 120 P. 676, aff'd sub nom. Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914); Baca v. Anaya, 1908-NMSC-009, 14 N.M. 382, 94 P. 1017. Owner of premises can intervene, whatever origin of his title. — The owner of the whole or any part of the premises sought to be partitioned may, whatever the origin of his title, intervene for the settlement of his rights. Montoya v. Unknown Heirs of Vigil, 1911-NMSC-042, 16 N.M. 349, 120 P. 676, aff'd sub nom. Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914). When persons asserting adverse interests may intervene. — Persons asserting adverse interests may intervene in partition proceedings after commissioners have reported that partition cannot be made, and before further action of the court. Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914) aff'g Montoya v. Unknown Heirs of Vigil, 1911-NMSC-042, 16 N.M. 349, 120 P. 676. Intervention prohibited for purpose of litigating rights not originally raised. — A formal party, or a person who makes himself a party by his own conduct during the litigation, is not entitled to intervene for the purpose of subsequently litigating rights which he failed to assert in the main proceeding. Baca v. Catron, 1917-NMSC-074, 24 N.M. 242, 173 P. 862. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 33, 74, 87. 68 C.J.S. Partition §§ 78, 222, 236.
NM Stat § 42-5-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-5 - [Decree; binding effect.]

The court shall ascertain and declare the rights, titles and interests of all the parties to such proceedings and render such decree as may be required by the rights of the said parties, which said decree shall be binding upon all of the said parties, whether they be adults or not. History: C.L. 1897, § 2685 (270), added by Laws 1907, ch. 107, § 1 (270); Code 1915, § 4383; C.S. 1929, § 105-1905; 1941 Comp., § 25-1205; 1953 Comp., § 22-13-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Purpose of decree. — A decree in partition does not create a new title, but merely segregates the right of possession, leaving the parties with the same title under which they previously held. Rodriguez v. La Cueva Ranch Co., 1912-NMSC-028, 17 N.M. 246, 134 P. 228. Interlocutory decree defined. — A judgment which declares the rights of all parties, ordering partition of the premises, and appointing commissioners for such purpose, is an interlocutory decree. Torrez v. Brady, 1930-NMSC-101, 35 N.M. 217, 292 P. 901; Montoya v. Unknown Heirs of Vigil, 1911-NMSC-042, 16 N.M. 349, 120 P. 676, aff'd sub nom. Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914). When further judgment and decree necessary. — The judgment and decree of the court declaring the rights of the parties, ordering partition, and appointing commissioners is interlocutory. It constitutes a final declaration of the rights, titles and interests of the respective parties, but further judgment and decree to vest and divest title to the respective portions upon partition, or, in the event of a sale, to confirm the sale and distribute the proceeds is required. Prude v. Lewis, 1967-NMSC-174, 78 N.M. 256, 430 P.2d 753. Review of interlocutory decrees. — Upon appeal from the final judgment, interlocutory orders or decrees and the proceedings upon which they are based, may be reviewed, even though an appeal might have been taken therefrom at the time entered. Torrez v. Brady, 1932-NMSC-080, 37 N.M. 105, 19 P.2d 183. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 18, 88 to 109, 194 to 197. Adjustment on partition of improvements made by tenant in common, 1 A.L.R. 1189, 122 A.L.R. 234. Respective rights of owners of different parcels into which land subject to an oil and gas lease has been divided, 5 A.L.R. 1162, 16 A.L.R. 588, 64 A.L.R. 634. Right to, and effect of, partition of undivided interests held respectively in fee and in life estate, with remainder, 12 A.L.R. 644, 134 A.L.R. 661. Division of building, 28 A.L.R. 727. Power to decree pecuniary sum as owelty to equalize shares of parties in partition, 65 A.L.R. 352. Protection, in partition of grantee in deed purporting to convey a definite parcel by part only of the cotenants, 77 A.L.R.2d 1376. 68 C.J.S. Partition §§ 45, 112 to 114, 121, 125, 222.
NM Stat § 42-5-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-8 - Allocation of costs of partition; definition.

A. In the event partition of the cotenancy is made by the commissioners appointed, the costs of partition shall by the court be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall be a lien upon the share of the cotenancy assigned by the commissioners to the cotenant. If partition cannot be made without manifest prejudice to the cotenants and sale of the estate is ordered, the costs of the action shall be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall by the court be deducted and withheld from the distributive share of the proceeds of the sale assigned to the cotenant. B. As used in this section "costs" includes expenses incurred by commissioners, expenses incurred by agents or masters appointed by the court to conduct a sale, costs of survey and other costs incurred in physical partition or in sale which to the court seem just and proper. C. The reasonable attorney fees of a party to an action for partition of a cotenancy may be awarded in the court's discretion, as it may deem just and equitable. History: 1953 Comp., § 22-13-7.1, enacted by Laws 1965, ch. 31, § 1. ANNOTATIONSRequest to award attorney fees denied. — Section 42-5-8C NMSA 1978 permits the discretionary award of attorney fees of a party to an action for partition of a cotenancy. Absent an abuse of discretion,a court's denial of fees will not be disturbed. The award of attorney fees under Section 42-6-11 NMSA 1978 is mandatory only when the suit is favorably determined for the party trying to establish title to the subject property. Landskroner v. McClure, 1988-NMSC-091, 107 N.M. 773, 765 P.2d 189. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 133 to 148. Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448. 68 C.J.S. Partition §§ 234 to 239, 242 to 245.
NM Stat § 42-5-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5 - Partition|Section 42-5-9 - [Death of party does not abate suit.]

No suit for a partition shall abate by the death of any tenant, but upon the death of any tenant being a party to said suit, the heirs or devisees of the said tenant may on motion be made parties in his stead. History: C.L. 1897, § 2685 (272A), added by Laws 1907, ch. 107, § 1 (272A); Code 1915, § 4386; C.S. 1929, § 105-1908; 1941 Comp., § 25-1208; 1953 Comp., § 22-13-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For actions not abating, see 37-2-4 NMSA 1978. For rule for substitution of parties because of death, see Rule 1-025 A NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 32, 74. 68 C.J.S. Partition §§ 33, 53.
NM Stat § 42-5A-1 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-1 - Short title.

Sections 1 through 13 of this act [42-5A-1 to 42-5A-13 NMSA 1978] may be cited as the "Uniform Partition of Heirs Property Act". History: Laws 2017, ch. 41, § 1. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 1 effective January 1, 2018.