[DOWNLOAD] "Chalmers v. Hughes" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Chalmers v. Hughes
- Author : New Mexico Supreme Court
- Release Date : January 22, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Title to the land in question has followed a somewhat circuitous path, one rather difficult to follow. In 1957, the title was quieted in one Fergus O. Mera. In 1960, in Cause No. 29286, Elvera Wieneke, successor in title to Mera, brought an action against Emmett T. Chalmers, the plaintiff in this action, and others, to quiet title. Issue was joined by Chalmers also claiming title, and discovery proceedings were begun by him. In attempting to make discovery, Chalmers sought to have Wieneke give her deposition but she failed to appear. Chalmers then obtained a court order directing her to give her deposition and Wieneke again refused to permit her deposition to be taken. Having twice refused to allow her deposition to be taken, the court granted Chalmers motion for default judgment and dismissed Wienekes action with prejudice. Subsequently, Wieneke conveyed the title to the defendants below. Chalmers has now instituted this quiet title action. The court below held that the dismissal with prejudice in Cause No. 29286 was an adjudication on the merits and res judicata as to Wienekes claim of title.