24 N.M. 96 | N.M. | 1918
OPINION OP THE COURT.
We will consider such assignments of error as were properly called to the attention of the trial court.
By the complaint it is set up that there was a part performance of the contract; that the plaintiff had entered into possession of the land in question, made valuable improvements, paid taxes, and in every way exercised ownership over the land. By the English rule, generally adopted by the text-books, possession of the land delivered by the vendor in pursuance of a parol contract is in itself sufficiently an act of part performance to take the case out of the statute. This rule has not been universally adopted in this country, but the American rule, as laid down in 36 Cyc. 654, is that possession in pursuance of a parol contract for the sale of lands, together- with payment, in full or in part, of the purchase price, is recognized in nearly all jurisdictions as sufficient part performance to take the ease out of the statute of frauds. In the instant .case we have as well the payment of taxes and the making of valuable improvements upon the land in question, ■which are further elements frequently given consideration by the authorities as influential in -determining whether or not the case is within the statute. We therefore conclude that the facts sqt up by the complaint in this case do not disclose that the contract in question was within the statute of frauds. Our conclusion in this respect makes it unnecessary to give further consideration to the other assignments of error having to do with the admission of testimony concerning the contract, the objection to the admission of which evidence is all predicated upon the ground that the contract in question was within the statute of frauds. Other questions are raised as to the sufficiency of the evidence, the question of laches, and upon the ground that the contract in question was in conflict with the federal homestead laws. We have considered these questions, but do not desire to lengthen this opinion by .a full discussion thereof, and we deem it sufficient to say that we find.no merit in them.
The judgment of the lower court is therefore affirmed, and it is so ordered.