Upon judgment for the recovery of possession, a writ of possession shall be issued, and the sheriff shall deliver to the plaintiff the possession of the premises, and also collect the damages and costs, as on execution in other cases.
History: C.L. 1897, § 2685 (260), added by Laws 1907, ch. 107, § 1 (260); Code 1915, § 4370; C.S. 1929, § 105-1811; 1941 Comp., § 25-812; 1953 Comp., § 22-8-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect of defendant's reentry after plaintiff recovers in ejectment. — Where, after the plaintiff has recovered in ejectment and been put in possession, the defendant reenters the premises, expels the plaintiff and destroys his crop, a bill will lie to restore the plaintiff to possession and to enjoin the defendant from further molesting him. Romero v. Munos, 1859-NMSC-008, 1 N.M. 314 (decided under former law).
Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Civil Procedure", see 11 N.M.L. Rev. 53 (1981).
Structure New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 4 - Ejectment and Recovery of Real Property
Section 42-4-1 - [When ejectment maintainable.]
Section 42-4-2 - [Wrongful ouster and detention of realty or mining claim.]
Section 42-4-3 - [Principles apply to equity suits.]
Section 42-4-4 - [Parties to action.]
Section 42-4-5 - [Contents of complaint.]
Section 42-4-6 - [Defendant's pleadings; plaintiff's reply.]
Section 42-4-7 - [Ultimate facts authorizing recovery.]
Section 42-4-8 - [Action between cotenants; ouster to be shown.]
Section 42-4-9 - [Rents and profits recoverable as damages.]
Section 42-4-10 - [Title expiring pendente lite; judgment.]
Section 42-4-11 - [Judgment for plaintiff.]
Section 42-4-12 - [Writ of possession.]
Section 42-4-13 - [Execution; judgment for damages and costs.]
Section 42-4-14 - [Improvements and mesne profits; time; claims; notices.]
Section 42-4-17 - [Remedy of person deprived of possession of improvements; time; value; lien.]
Section 42-4-19 - [Sale of improvements.]
Section 42-4-20 - [Reversionary clause in deed; improvements; liens; waiver of claim.]
Section 42-4-22 - [Special verdict or findings; entry on mining land pending suit.]
Section 42-4-23 - [Working mine pending suit; waste.]
Section 42-4-24 - [Assessment work pending suit; retention of ore.]
Section 42-4-25 - [Effect of performing assessment work pending suit.]
Section 42-4-26 - [Measurements and surveys of mine pending suit; authorization; expenses.]
Section 42-4-27 - [Who may enter for measurements and surveys.]