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New Mexico Statutes > Chapter 41 > Article 4 – Ejectment and Recovery of Real Property

Current as of: 2023 | Check for updates | Other versions
§ 42-4-1 [When ejectment maintainable.]
§ 42-4-2 [Wrongful ouster and detention of realty or mining claim.]
§ 42-4-3 [Principles apply to equity suits.]
§ 42-4-4 [Parties to action.]
§ 42-4-5 [Contents of complaint.]
§ 42-4-6 [Defendant’s pleadings; plaintiff’s reply.]
§ 42-4-7 [Ultimate facts authorizing recovery.]
§ 42-4-8 [Action between cotenants; ouster to be shown.]
§ 42-4-9 [Rents and profits recoverable as damages.]
§ 42-4-10 [Title expiring pendente lite; judgment.]
§ 42-4-11 [Judgment for plaintiff.]
§ 42-4-12 [Writ of possession.]
§ 42-4-13 [Execution; judgment for damages and costs.]
§ 42-4-14 [Improvements and mesne profits; time; claims; notices.]
§ 42-4-15 [Improvements and mesne profits; verdict; set-off; judgment; payment by plaintiff before obtaining writ of possession.]
§ 42-4-16 [Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff.]
§ 42-4-17 [Remedy of person deprived of possession of improvements; time; value; lien.]
§ 42-4-18 [Possession of improvements taken; liability for value;
§ 42-4-19 [Sale of improvements.]
§ 42-4-20 [Reversionary clause in deed; improvements; liens; waiver of claim.]
§ 42-4-21 [Mine or mining claim; contested application for patent;
§ 42-4-22 [Special verdict or findings; entry on mining land pending suit.]
§ 42-4-23 [Working mine pending suit; waste.]
§ 42-4-24 [Assessment work pending suit; retention of ore.]
§ 42-4-25 [Effect of performing assessment work pending suit.]
§ 42-4-26 [Measurements and surveys of mine pending suit;
§ 42-4-27 [Who may enter for measurements and surveys.]
§ 42-4-28 [Notice of desire to enter mine.]
§ 42-4-29 [Refusing entry; court may exclude evidence, render judgment or assist entry; costs.]
§ 42-4-30 [Evidence of measures and surveys.]

Terms Used In New Mexico Statutes > Chapter 41 > Article 4 - Ejectment and Recovery of Real Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

New Mexico Statutes > Chapter 41 > Article 4 – Tort Claims

Current as of: 2023 | Check for updates | Other versions
§ 41-4-1 Short title
§ 41-4-2 Legislative declaration
§ 41-4-3 Definitions
§ 41-4-4 Granting immunity from tort liability; authorizing exceptions
§ 41-4-5 Liability; operation or maintenance of motor vehicles, aircraft and watercraft
§ 41-4-6 Liability; buildings, public parks, machinery, equipment and furnishings
§ 41-4-7 Liability; airports
§ 41-4-8 Liability; public utilities
§ 41-4-9 Liability; medical facilities
§ 41-4-10 Liability; health care providers
§ 41-4-11 Liability; highways and streets
§ 41-4-12 Liability; law enforcement officers
§ 41-4-13 Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations
§ 41-4-14 Defenses
§ 41-4-15 Statute of limitations
§ 41-4-16 Notice of claims
§ 41-4-16.1 Civil action; damages incurred while imprisoned; notice to victim
§ 41-4-17 Exclusiveness of remedy
§ 41-4-18 Jurisdiction; appeals; venue
§ 41-4-19 Maximum liability
§ 41-4-20 Coverage of risks; insurance
§ 41-4-21 Application of act
§ 41-4-22 Insurance fund
§ 41-4-23 Public liability fund created; purposes
§ 41-4-24 Consulting and claims adjusting contracts
§ 41-4-25 Public liability fund; municipal public liability fund; local public body participation; educational entity participation
§ 41-4-26 Home rule municipality tort claims ordinances;
§ 41-4-27 Home rule municipality; joint powers agreements;
§ 41-4-28 Coverage for liability subject to foreign jurisdiction’s law
§ 41-4-29 Governmental entities; health care students liability coverage; authority to purchase
§ 41-4-30 Liability coverage; certain community land grants

Terms Used In New Mexico Statutes > Chapter 41 > Article 4 - Tort Claims

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Venue: The geographical location in which a case is tried.