In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty days after the expiration of the time for filing the statement, as provided in Section 19-4-10 NMSA 1978, it shall be the duty of the probate judge or corporate authorities to give notice to the adverse claimant filing his claim, or, if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants, as defendants, to determine their respective rights to said lands, within twenty days from service of notice on him, and in case such adverse claimant neglect or refuse to commence the action within the time specified, he shall be deemed to have relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate, therein. Such notice shall be served by the proper officer of said courts, in the same manner as now provided for service of summons in any county in this state. If the officer return such notice, not found, notice shall be made by publication for three weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three public places in the town where such lands are situated. And in addition thereto a copy of said notice shall be mailed to such adverse claimant at his residence or usual place of abode. And in case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice, as aforesaid, said probate judge or corporate authorities shall serve like notice on the next last adverse claimants, until all have been notified, as aforesaid.
History: Laws 1882, ch. 70, § 17; C.L. 1884, § 2791; C.L. 1897, § 3995; Code 1915, § 5536; C.S. 1929, § 144-124; 1941 Comp., § 8-524; 1953 Comp., § 7-5-24.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For publication of legal notice, see 14-11-1 to 14-11-13 NMSA 1978.
For rule on service of process by publication, see Rule 1-004 NMRA.
Structure 2021 New Mexico Statutes
Section 19-4-1 - [Patents of townsites to be recorded.]
Section 19-4-2 - [Failure to record townsite patent; penalty.]
Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]
Section 19-4-5 - [Notice of suit; intervention.]
Section 19-4-6 - [Vacating all or part of townsite.]
Section 19-4-7 - [Disposal of lots after entry.]
Section 19-4-8 - [Conveyances to persons entitled to possession or occupancy.]
Section 19-4-9 - [Notice of entry; posting and publication.]
Section 19-4-10 - [Claim for lots; time limit; unclaimed lots revert to town.]
Section 19-4-11 - [Notice of meeting to elect trustees; qualifications; duties.]
Section 19-4-12 - [Term of office of trustees.]
Section 19-4-13 - [Board of appraisers; appointment; oath; refusal to act; new board.]
Section 19-4-14 - [Appraisement; contents; valuations.]
Section 19-4-15 - [Notice of sale; publication; contents.]
Section 19-4-16 - [Conduct of sales.]
Section 19-4-17 - [Conveyance of streets, parks and commons by probate judge.]
Section 19-4-18 - [Purchase at private sale by person in possession.]
Section 19-4-19 - [Reservation for park or public purpose.]
Section 19-4-20 - Disposition of proceeds.
Section 19-4-21 - [Adverse claims; litigation.]
Section 19-4-22 - [Paramount right to lands.]
Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]
Section 19-4-24 - [Service of process; publication.]
Section 19-4-26 - [Reports of expenses.]
Section 19-4-27 - [Conveyances; payment of costs.]
Section 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]
Section 19-4-29 - [Recording of order appointing commissioner.]
Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]
Section 19-4-31 - [Conveyances; time for execution.]
Section 19-4-32 - [Probate judge; claim for lands in individual right.]
Section 19-4-33 - [Streets, alleys, parks and public grounds.]
Section 19-4-34 - [Claimant failing to pay costs and fees.]
Section 19-4-35 - [Trustees; organization; officers; quorum.]
Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]
Section 19-4-37 - [Taxation of costs.]
Section 19-4-38 - [Unsold lots; petition; appraisers.]
Section 19-4-39 - [Appraisement; report; compensation.]
Section 19-4-40 - [Preference right of possessor to purchase.]
Section 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]