291 P. 290 | N.M. | 1930
The evidence to support the judgment consists of certain tax receipts, a certificate of redemption, and evidence that appellee had paid the sums therein represented after search of the records by attorneys and upon their advice. The main question is whether there could be a recovery without proof that the taxes which appellee paid were lawfully assessed and constituted valid incumbrances.
We have no brief from appellee.
The authorities cited by appellant convince us that its position is well taken. Maddocks v. Stevens,
The judgment must accordingly be reversed and the cause remanded, with direction to enter judgment for appellant.
BICKLEY, C.J., and CATRON, JJ., concur.
PARKER and SIMMS, JJ., did not participate.