Romero v. Garcia

546 P.2d 66 (N.M. 1976)


Romero (P) and her deceased husband Octaviano, the son of D, purchased 13 acres in dispute for $290 from Octaviano’s father, Antonio. Mrs. Garcia failed to join in the conveyance. The 13 acres were carved out of 165 acres Antonio had purchased in 1923. P and her deceased husband entered into possession in 1947 and build a home on the land with the help of D. The deed was recorded in 1950. Octaviano died in 1962 and P moved to Colorado and remarried. P sued to quiet title against her former in-laws. Her suit was based upon adverse possession for more than ten years under color of title and payment of taxes. The trial court ruled for P and D appealed.