Sena v. American Turquoise Co., 220 U.S. 497 (1911)

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Sena v. American Turquoise Company

No. 73

Argued April 18, 1911
Decided May 1, 1911
220 U.S. 497

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

In an action of ejectment in New Mexico, the trial court was of opinion that the boundaries under which plaintiff claimed did not include the land in dispute, and the supreme court of the territory affirmed on the ground of defect in plaintiff’s grant and that the evidence as to possession was too vague to raise a presumption in place of proof, and this Court affirms the judgment.

Where both parties move for a ruling, and there is no question of fact sufficient to prevent a ruling’s being made, the motions together amount to a request that the court find any facts necessary to make the ruling, and, if the court directs a verdict, both parties are concluded as to the facts found, and unless the ruling is wrong as matter of law, the judgment must stand. Beuttell v. Magone, 157 U.S. 154.

The facts are stated in the opinion.