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.
Bracketed 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 — Sections 4106 and 4110 refer to the 1915 Code, §§ 4106, 4110, which are superseded by Rules 1-007A and 1-012B NMRA.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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.