CHANEY v. CHANEY

• Decision Date: 06 January 1949
• Docket Number: No. 5145,5145
• Citation: 53 N.M. 66,201 P.2d 782
• Parties: CHANEY v. CHANEY.
• Court: New Mexico Supreme Court

53 N.M. 66

201 P.2d 782

CHANEY

v.CHANEY.

No. 5145.

Supreme Court of New Mexico.

Jan. 6, 1949.

[201 P.2d 782, 53 N.M. 67]

O. Russell Jones, and M. P. Gutierrez, both of Santa Fe, for appellant.

Robert W. Ward, of Lovington, amicus curiae.

LUJAN, Justice.

Sibyl H. Chaney filed her complaint in the District Court of Santa Fe County against Marion A. Chaney, seeking an absolute divorce from him. She alleged, among other things, that she and the defendant were married at the City of Brownwood, Brown County, State of Texas, on or about December 1, 1940, and that she is and has been a bona fide resident, in good faith, of the County of Sandoval and State of New Mexico, for more than one year next preceding the filing of her complaint. The defendant entered his voluntary appearance, waived any and all questions relating to venue and consented that the cause be tried in his absence without further notice to him.

The acquisition of the land comprising the Los Alamos Project by the United States is related in detail in the case of Arledge v. Mabry, 52 N.M. 303, 197 P.2d 884; therefore, we will not repeat it here.

It is not denied that the appellant has continuously lived in Los Alamos, a governmental project, since January 15, 1947, nor that the portion thereof upon which plaintiff resides was procured through condemnation proceedings, and that the Los Alamos Project is situated within the boundaries of Sandoval and Santa Fe Counties, New Mexico.

The appellant, plaintiff below, first came to the State of New Mexico, with her husband on December 15, 1946, from the State of Texas. They lived in a trailer house in Albuquerque for about three days, then moved the trailer house to Santa Fe where they lived for a month. On January 15, 1947, they moved to Los Alamos where they lived in the trailer house until March 28, 1948, when she moved into one of the permanent houses located on the condemned land of the project and where she lived at the time she filed this action.

At the time the Los Alamos Project was created, many people were employed to work there by the Los Alamos Atomic Energy Commission and private concerns, some of the employees were, and others of whom were not, at the time of their employment, residents of New Mexico. The appellant and her husband were legal residents of the State of Texas at the time the were employed and when they moved into Los Alamos.

At the conclusion of plaintiff's evidence, the district court refused to grant her a divorce because the jurisdictional residence relied upon by her was on condemned land belonging to the United States at the time she instituted her suit and, in the court's opinion, residence thereon was not sufficient to give the court jurisdiction. Thus, the sole question before us is whether persons living at Los Alamos, on land acquired through condemnation by the United States, are residents of New Mexico, for purposes of maintaining a divorce suit.

The Constitution of the United States, Art. 1, Sec. 8, Clause 17, provides that Congress shall have power 'to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the consent of the Legislature of the State in which the Same shall be, for the erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings'. In discussing this Clause of the Constitution, Mr. Justice Sadler, speaking for the Court, in Arledge v. Mabry, supra [52 N.Mex. 303, 197 P.2d 889], said:

'The New Mexico statute whereby consent was given to the United States to acquire any land in New Mexico under the clause of the federal constitution quoted above for sites for arsenals and other purposes was enacted in 1912 as L. 1912, c. 47. * * * 'Although the United States constitution, in the clause quoted, mentions acquisition by purchase, it has long been settled that the same consequences attach from a jurisdictional standpoint where land is acquired through condemnation proceedings. Indeed, land so acquired is deemed to have been secured by purchase and the same consequences attach. * * * Furthermore, the term 'exclusive legislation' employed in said Clause 17 of the federal constitution is held to be synonymous with and to carrythe same meaning as if the term 'exclusive jurisdiction' had been employed. * * *' (Emphasis ours.)

The United States having acquired the land in question through condemnation proceedings, it...