Padilla v. City of Santa Fe

753 P.2d 353, 107 N.M. 107
CourtNew Mexico Court of Appeals
DecidedMarch 22, 1988
Docket8263
StatusPublished
Cited by7 cases

This text of 753 P.2d 353 (Padilla v. City of Santa Fe) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Padilla v. City of Santa Fe, 753 P.2d 353, 107 N.M. 107 (N.M. Ct. App. 1988).

Opinion

OPINION

MINZNER, Judge.

Plaintiffs appeal the trial court’s decision, in a suit to quiet title, denying their claims to a lot that lies above Alameda Street in Santa Fe (the disputed tract) and granting defendant’s counterclaim to quiet title. Plaintiffs contend that the trial court erred in construing the description of a larger parcel from which the disputed tract was conveyed, because the trial court (1) added words to the description and (2) failed to apply relevant rules of construction. Plaintiffs also contend (3) there is insufficient evidence to support the dispositive findings and conclusions; (4) the trial court erred in refusing to adopt requested findings and conclusions; (5) defendant failed to meet its burden of proof as to the counterclaim; and (6) the trial court erred in denying their claim based on adverse possession. We reverse on the ground the trial court erred in construing the description; as a result, there is insufficient evidence to support the challenged findings and conclusions. In view of our disposition, we do not reach the other issues raised on appeal.

This appeal comes before the court for decision after it was submitted to an advisory committee pursuant to an experimental plan. See Patterson v. Environmental Improvement Div., 105 N.M. 320, 731 P.2d 1364 (Ct.App.1986). We acknowledge the aid of attorneys Charles W. Durrett, S. Thomas Overstreet, and Thomas A. Sandenaw, who devoted both time and effort. We express our gratitude for their voluntary service.

BACKGROUND.

Plaintiffs introduced their abstract of title, claiming it proved record title or, alternatively, that it established sufficient color of title to sustain their claim to the disputed tract by adverse possession. Defendant did not challenge the validity of any of the deeds in the abstract but only the location of the northern boundary of the larger parcel, conveyed in 1930 from Modesto Ulibarri to Isabelita Tapia. Plaintiffs contend that parcel included the land they now claim.

In the deed from Ulibarri to Tapia, the land is described as bounded on the south by the Santa Fe River, on the east and west by named adjoining landowners, and on the north by “the hills.” It is undisputed that this deed was in Spanish, and that the Spanish term used for “the hills” was “las lomas.” No measurements of the property are given in the deed.

Tapia and Demeeia M. Gallegos subsequently conveyed property to Filomeno Montano. It is not clear from the record when and how Gallegos acquired her interest. Although there is a deed in plaintiffs’ abstract from Tapia to Gallegos, it was conceded at trial that it is not in plaintiffs’ chain of title. The trial court found that Tapia conveyed to Montano “a portion of the property” she had received from Ulibarri.

The deed to Montano describes the property as situated in precinct 17 of the City of Santa Fe and bounded by the same natural monuments, although by different adjoining property owners. It additionally describes the property as 266 yards 1 in length “from the hill of Alameda Street.”

In 1942, Montano conveyed a parcel of land situated in precinct 17 to Rosendo and Nestora Romero. Their deed describes the land conveyed as bounded on the east and west by the same adjoining property owners named in the deed to Montano and bounded on the north by the hills, but bounded on the south by Alameda Street. The property is further described as 180 feet in depth.

Upon Rosendo’s death, Nestora, on behalf of the estate, executed a warranty deed for that property to herself as heir. That deed, executed in 1974, contains precisely the same description of the property as the deed to the Romeros. In 1977, Nestora conveyed the parcel, still described precisely as it was in the deed conveying it to the Romeros, to plaintiffs.

Defendant contended at trial that Nestora Romero did not own the disputed tract. Defendant argued that the conveyance of land from Ulibarri to Tapia, described as “bounded on the north by the hills,” included only land to the “toe of the hills,” and that the “toe of the hills” was located at Alameda Street. Therefore, defendant concluded, neither Tapia nor Montano owned the disputed tract, which lies on the side of the hill above Alameda Street, and thus neither one could convey it to the Romeros.

Plaintiffs introduced a map referred to in the record as the “1901 White’s Map.” The White’s Map was copied from another map, the Zimmerman map. Mr. Rivera described the Zimmerman map as done for tax purposes, to indicate which lands were owned by defendant, which were privately owned, and how much acreage was under cultivation. He said it was not surveyed on the ground and its accuracy should be checked.

The White’s Map contains certain symbols. There is no explanatory key on the map to explain what was meant by the symbols. The symbols do not appear on the original Zimmerman map; they were added when that map was copied. Mr. Stutzman, defendant’s surveyor, testified that these symbols represent “the toe of the hills.”

The trial court found that in 1937 or 1938, Alameda Street was extended into and through the subject property, then owned by Tapia. The trial court also found:

4.In 1901, as evidenced by the 1901 White’s Map, the subject property was owned by Modesto Ulibarri. The map indicates the south as bounded by the Santa Fe River and the north bounded by the hills, shown on the map by marks just north of the boundary line. The distance of the property, north to south, is shown as 750'.
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9. In 1948, Walter Turley published a survey of the area which showed the original Filomeno Montano tract as bisected by Alameda Street. The southern tract is bounded by the Santa Fe River on the south and by Alameda Street on the north. The northern or Romero tract (C-l) is shown as bounded on the south by Alameda Steet [sic]. C-l extends 172.9' from Alameda Street north along its eastern boundary.
10. Alameda Street, at that time, measured 51.9' in width.
11. Including Alameda Street, the original Filomeno Montano tract (including tracts C-l and C-2) measure 1236.7' or slightly less than 500' longer than the same tract shown in the 1901 White’s Map or as measured in the 1940 deed to Montano.
16.Since 1901, the subject property appears to have increased its length, north to south, by nearly 500' so as to extend north beyond Alameda Street.
17. After a view of the property by the court, the court found that the line of small hills north of the river converge upon Alameda Street. In other words, the Street runs along the foot of the hills.
18. At that point, the grade becomes too steep to be valuable for agricultural purposes and was so depicted on the 1901 White’s Map which was a map made for tax purposes.

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Bluebook (online)
753 P.2d 353, 107 N.M. 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padilla-v-city-of-santa-fe-nmctapp-1988.