2019 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 4 - Ejectment and Recovery of Real Property
Section 42-4-21 - [Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession.]

That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person, persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the land office of the United States, such person, persons, company or corporation so contesting, may bring a suit of ejectment in the district court of the county in which the mine or mining claim is situated, for the recovery of the same, whether in or out of possession of such mine or claim, and the question as to who was in the possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of said mine or claim.

History: Laws 1887, ch. 54, § 1; C.L. 1897, § 2290; Code 1915, § 3464; C.S. 1929, § 88-202; 1941 Comp., § 25-821; 1953 Comp., § 22-8-21.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Section modifies rules on ejectment under 30 U.S.C. § 30. — In suits on adverse claims under 30 U.S.C. § 30, the rules governing ordinary ejectment suits are modified by this section. Upton v. Santa Rita Mining Co., 1907-NMSC-017, 14 N.M. 96, 89 P. 275.

When plaintiff's title denied under section. — In actions under this section, it is sufficient as a general rule to deny plaintiff's title, when evidence tending to show lack of title may be given. Chilton v. 85 Mining Co., 1917-NMSC-072, 23 N.M. 451, 168 P. 1066.

Complaint which contains allegations of section sufficient. — A complaint containing the allegations provided for in this section is sufficient in an action in support of an adverse claim to a mining location, although in the absence of this statute more specific allegations would be required. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of owner of interest in mineral in suit to maintain ejectment, 35 A.L.R. 234.