8 N.M. 347 | N.M. | 1896
This is a suit in chancery by bill to quiet title to certain lands. The appellants and appellee deraign title from substantially the same persons. The deed under which Gentile claims was made March 29, 1880, and conveyed to his grantor certain lands, as far as “the hills” (los lomas), or “The Hills” (Las Lomas). Crossan, one of the defendants (appellants), though he had inspected G-entile’s deed, and had actual knowledge of his claim of ownership, formed the opinion that Gentile’s title did not extend to the land in question; and on December 10, 1888, he sought the persons who had made the deed of March 29, 1880, and, under representations to them that it did not interfere’with the title they had previously conveyed j procured from them another deed, conveying to Mrs. Crossan the land in question and the adjoining land further east. Kennedy afterward bought an interest from Mrs. Crossan. Although *it is a matter of no particular consequence in this case, it appears that the Crossans were purchasers with full notice, who have relied upon the accuracy of their opinion for the profit of the speculation. The case was referred to a special master, to take the proofs, and report his findings of fact and conclusions of law. The master found the law and the facts in favor of Gentile. The district court approved the report, and the cause is here on appeal.
It has been held by this court in a series of cases that the findings of a master upon conflicting testimony will not be disturbed where the record shows there is any evidence upon which such findings can be based. De Cordova v. Korte (Sup. Ct. N. M.; July term, 1895), 41 Pac. Rep. 526; Field v. Romero, 41 Pac. Rep. (N. M.) 517; Davis v. Schwartz, 155 U. S. 631, 15 Sup. Ct. 237. The deed under which Gentile holds bounds the lands on the east by “the hills.” As to the location of “the hills,” and as to the meaning of that description by reference to local objects, both sides introduced a mass- of testimony. The master found the hills mentioned in the deed to lie east of and beyond the lands in question. That finding is abundantly supported by the evidence, and we would have reached the same conclusion.
But it is objected that a court of equity is without jurisdiction in this case; that the proper remedy was at law, by action in ejectment, where both parties may enjoy the constitutional right of trial by jury. It will not be necessary to pass upon or consider the validity of section 2214, Compiled Laws, which permits a bill to be brought to quiet title, whether the complainant be in or out of possession. A decision of that question is not necessary here. It is undoubtedly true that courts of equity generally have no jurisdiction to quiet title unless complainant is in possession. Wehrman v. Conklin, 155 U. S. 314, 15 Sup. Ct. 129. In this case the master found that each party was in actual possession of portions of the land mentioned in his and her deeds, respectively, — Gentile on land lying west of Edith street; Crossan and Kennedy on land lying east of High street; the lands in controversy lying between, and of that neither party had the actual possession. The appellants contend that the finding of the master is not supported by the evidence, and that, in truth, the record shows beyond controversy that, appellants were in the actual possession of the land in question, openly and exclusively.