Monday, November 25, 2013

Romero v. Garcia case brief

Romero v. Garcia case brief summary
546 P.2d 66 (N.M. 1976)


CASE SYNOPSIS
Appellants, father-in-law and mother-in-law, appealed a judgment from the trial court (New Mexico) granted in favor of appellee, former daughter-in-law, in her action to quiet title based on adverse possession for over 10 years under color of title and the payment of taxes.

CASE FACTS
The former daughter-in-law and her husband purchased the property, gained possession, and constructed a home with appellants' assistance. The deed was recorded, and they lived in their home until the deceased husband died.

DISCUSSION

  • The court affirmed the contested judgment. 
  • The court found that the void deed had sufficient color of title. 
  • The court found that the deed's description was adequate for adverse possession because it sufficiently described the piece of property. 
  • The court found that the deed was not void for lacking a proper description because the surveyor could determine the boundaries from the deed and with evidence on the ground. 
  • The findings of fact from the trial court were supported by substantial evidence. 
  • The court found that the subsequent acts of the parties in building a house and pointing to the land were adequate to establish the boundaries. 
  • The court found that the former daughter-in-law paid the taxes in each case before a tax deed was issued to the state. 
  • The court held that the former daughter-in-law substantially complied with the requirement of continuous payment of taxes for adverse possession pursuant to N.M. Stat. Ann. § 2l3-1-22 (1953 & Supp.1975).

CONCLUSION
The court affirmed the judgment challenged by appellants and granted for the former daughter-in-law's lawsuit to quiet title based on adverse possession for over 10 years under color of title and the payment of taxes.

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