Sanchez v. Garcia

384 P.2d 681, 72 N.M. 406
CourtNew Mexico Supreme Court
DecidedAugust 19, 1963
Docket7253
StatusPublished
Cited by18 cases

This text of 384 P.2d 681 (Sanchez v. Garcia) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. Garcia, 384 P.2d 681, 72 N.M. 406 (N.M. 1963).

Opinion

NOBLE, Justice.

Plaintiff has appealed from an adverse judgment in a quiet title action involving land in Tijeras Canyon, adjacent to Albuquerque, New Mexico.

Judgment was entered in 1954 quieting the title in plaintiff. In 1959, that judgment was vacated as to defendant Santiago L. Garcia, upon his motion based upon failure to serve him with process. Garcia then filed his answer and cross-complaint seeking to quiet title to a portion of the lands claimed by plaintiff. The trial court found the issues in defendant’s favor and entered a decree quieting title to the 14.456 acres claimed by defendant.

The trial court made the following findings of fact and conclusions of law.

FINDINGS OF FACT

“1. On May 15, 1842, Jose Antonio Garcia, grandfather of defendant Santiago L. Garcia was granted certain tracts of lands located in Tijeras Canyon, east of Albuquerque, by the Spanish [sic] Government. The land involved in this case was a part of these tracts.
“2. In 1887, said Jose Antonio Garcia died leaving several children and a widow. Among his heirs were two sons, Juan Antonio Garcia, father of defendant, Santiago L. Garcia, and Bibian or Vibian Garcia.
“3. Thereafter, in 1916, Vivian Garcia conveyed the tract he inherited from his father to Lewis H. Chamberlin. Prior to that Lewis H. Chamberlin had acquired another tract of land which was bounded by Vivian’s tract on the East. Thereafter, Chamberlin conveyed this property to his wife who later conveyed it to Fred and James Chamberlin who finally lost it by non-payment of taxes.
“4. Prior to his death, the family of Juan Antonio Garcia agreed as to how this property should be divided, and it was so divided before and after his death. The conveyances after his death were by his widow, Trinidad Lopez de Garcia. Among these conveyances, was one to her son, Faustino in 1922 conveying to him a strip of land ninety (90) yards wide which was bounded on the West by a tract eighty-three (83) yards wide which Mrs. Garcia had retained to herself in the division. The Chamberlin property was located West of Faustino’s tract.
“5. In 1943 Mrs. Garcia conveyed her eighty-three (83) yard strip to defendant Santiago L. Garcia, which is the land in litigation in this case.
“6. After receiving this property the abstract of title indicates defendant, Santiago L. Garcia, began assessing it in his name and paid the taxes.
“7. In 1946, plaintiff, C. B. Sanchez, acquired the Chamberlin property by Tax Deed, however the description in the deed is insufficient.
“8. In 1947 some of the children conveyed property East of Santiago’s tract to C. B. Sanchez.
“9. Thereafter, C. B. Sanchez employed a surveyor to survey the property covered by his Tax Deed and Deed and the surveyor included Santiago’s tract in the description.
“10. This land was not occupied by either Sanchez or Santiago or anyone else after they acquired it.
“11. In 1953 Plaintiff Sanchez filed this quiet title action including as a defendant Santiago Garcia, who was never properly served with the papers, but Sanchez obtained a decree against Santiago.
“12. In 1959 Santiago learned for the first time that Sanchez was claiming his land and after his Motion to set aside the Decree was granted, he filed an Answer and Cross-Complaint in which he asks that his title to the tract be quieted against Sanchez.”

CONCLUSIONS OF LAW

“1. The title to the property described in defendant, Santiago L. Garcia’s Cross-Claim should be quieted against plaintiff, C. B. Sanchez.
“2. The Tax Deeds in question by which C. B. Sanchez claims to have acquired the property are void for lack of a sufficient description of the property intended to be conveyed.
“3. C. B. Sanchez has not acquired title to the property by adverse possession.”

Appellant attacks findings of fact Nos. 4, 5, 6, 10 and 12 as being clearly erroneous, based upon testimony which is inherently improbable and without substantial support in the evidence. It is true that appellee’s testimony differed materially from that of appellant and other witnesses in several material aspects. It would serve no useful purpose to point out the particular testimony asserted to be inherently improbable or in what manner the findings are claimed to be without substantial support. Suffice it to say that we find nothing inherently improbable or incredible in the facts relied upon to support the trial court’s findings and conclusions. We have examined the record and conclude that the evidence, if believed by the trial court, is substantial to support the findings and conclusions made by the court; and under the well-established rule, this court will not disturb the findings on appeal. Coseboom v. Marshall Trust, 67 N.M. 405, 356 P.2d 117; Davis v. Merrick, 66 N.M. 226, 345 P.2d 1042. The fact that there may have been contrary evidence which would have supported a different finding or conclusion does not permit us to weigh the evidence Addison v. Tessier, 65 N.M. 222, 335 P.2d 554. It was for the trial court to resolve the conflicts, Nally v. Texas-Arizona Motor Freight, Inc., 69 N.M. 491, 368 P.2d 806; and this court will not substitute its judgment for that of the trial court as to the credibility of witnesses. Hinkle v. Schmider, 70 N.M. 349, 373 P.2d 918; Allsup v. Space, 69 N.M. 353, 367 P.2d 531.

Finally, appellant argues that the court erred in refusing to find that appellant acquired title to the land in dispute by adverse possession. The court found that appellant failed to prove either actual, visible appropriation of such land or color of title, both of which are essential to acquiring title by adverse possession under § 23-1-22, N.M.S.A.1953. Appellant relied upon tax deeds which describe the land as: “Grant; Anaya; J. Garcia,” or “Grant. Arroya, J. Garcia.” The obj ection to the sufficiency of the tax deeds as color of title is that the description is wholly insufficient to identify the land. It is conceded that the tax deed is void for uncertainty of the description, but it is asserted that a void tax deed may nevertheless be color of title.

To constitute color of title, an instrument must purport to convey the land involved. It is obvious that if the description in the instrument relied upon as color of title does not identify the land with the degree of certainty essential to ascertain its boundaries, it lacks an essential of color of title.

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Bluebook (online)
384 P.2d 681, 72 N.M. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-garcia-nm-1963.