New Mexico Statutes
Article 4 - Ejectment and Recovery of Real Property
Section 42-4-3 - [Principles apply to equity suits.]

The principles of the provisions of this article shall apply and extend to all suits in equity when the object of the complaint or answer is for the recovery of lands and tenements.
History: C.L. 1897, § 2685 (265), added by Laws 1907, ch. 107, § 1 (265); Code 1915, § 4378; C.S. 1929, § 105-1819; 1941 Comp., § 25-803; 1953 Comp., § 22-8-3.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "this article" appeared in the original act. As used there, they referred to art. 14 of Laws 1907, ch. 107, compiled as 42-4-1 to 42-4-16 NMSA 1978. This section is part of art. 18 of ch. 88 of the 1915 Code, which is compiled as 42-4-1 to 42-4-19 NMSA 1978.
Joinder of causes of action. — Where appellee's amended complaint first alleged that she was the owner and entitled to possession of the land involved, then alleged that appellants constructed two houses and utility lines in such a manner as to encroach on her property to her damage, and that appellants should be required to remove the encroachments, appellee's amended complaint is that type of alternative pleading which is permissible under Rule 8(a)(2), N.M.R. Civ. P. (now Rule 1-008 NMRA). As both legal and equitable remedies are administered by a single court, there was no error by a joinder of the causes of action. Heaton v. Miller, 1964-NMSC-080, 74 N.M. 148, 391 P.2d 653.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 1, 18, 32, 44.
28A C.J.S. Ejectment § 60.

Structure New Mexico Statutes