Romero v. Garcia Case Brief

Summary of Romero v. Garcia, 546 P.2d 66 (N.M. 1976)

Facts: The plaintiff and her deceased husband had bought 13 acres of land from the defendants (father-in-law and mother-in-law of the plaintiff). This land was part of 160 acres of land that belonged to the defendants. The plaintiff and her husband built a house on the land and lived there until the husband died. Plaintiff moved to Colorado and remarried. Now defendants claim that the deed was inadequate for color of title and the deed’s description was inadequate for adverse possession because it failed to describe a specific piece of property.

Holding: As to the first argument, the court ruled that a deed is sufficient for the purpose of color of title even though it is void because it lacks the signature of a member of the community. As to the second argument of the defendants, the court stated that a deed is not void for want of proper description if, with the deed and with extrinsic evidence on the ground, a surveyor can ascertain the boundaries. In the current case, the subsequent acts of the parties in erecting a house and pointing to the land were sufficient to ascertain the boundaries.




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