Cienfuegos v. Pacheco, 5381

• Decision Date: 27 September 1952
• Docket Number: No. 5381,5381
• Citation: 1952 NMSC 92,248 P.2d 664,56 N.M. 667
• Parties: CIENFUEGOS et al. v. PACHECO et al.
• Court: New Mexico Supreme Court

Page 664

248 P.2d 664

56 N.M. 667

CIENFUEGOS et al. v. PACHECO et al.

No. 5381.

Supreme Court of New Mexico.

Sept. 27, 1952.

Norman M. Neel, Fletcher A. Catron, Santa Fe, for appellants.

Harry L. Bigbee, Santa Fe, for appellees.

COORS, Justice.

Plaintiffs brought suit in District Court of Santa Fe County for restitution of a parcel of land and for damages, contending that they were entitled to possession and that defendants were in wrongful possession. Plaintiffs are husband and wife; defendants are mother and step-father of the plaintiff husband. Plaintiffs contend the property was community property, purchased by the plaintiffs, which could not be conveyed by the husband alone to his mother. At the trial there was great conflict in the testimony of the parties, their statements of the facts surrounding the transaction of the purchase of the land, the placing of a building upon it and the subsequent conveyance of it by the son to his mother being diametrically opposed. At the conclusion of the testimony the court announced it was not satisfied with the testimony, that cases involving mother and son were always more difficult than ordinary cases, and that both sides were inclined to exaggerate more than ordinarily. The trial judge stated he was going to find for the plaintiff, that the property was to a certain extent community property and the deed was void; hence the relief asked by the plaintiff was to be granted; however, without damages. Subsequently, the defendants filed a motion for a new trial, stating that they were surprised by certain testimony of the plaintiffs and that they also wished compensation for improvements which they had placed on the land. They further asked, in the event a complete new trial was not granted, that the case be reopened for further evidence.

The case was reopened for limited purpose, at which time the court made the following statement:

'Now as the court understands it, gentlemen, this case having been reopened for further evidence upon the question of whether or not the property involved was community property of the plaintiffs, and that it the sole issue here today, is that correct, gentlemen?

'Mr. Neal: That's correct.

'Mr. Bigbee: Or the proportion of it that might be community.'

Later, when evidence was introduced as to the purchase of materials to complete the building on the land, the objection was made to this testimony as not having a bearing on the question of the community property interest. The court stated:

'The court understands and perhaps there may be be some merit to the objection. However, the court feels this way about it, and did at the time of the hearing on motion for a new trial that perhaps some light could be shed on the whole background, the whole circumstances here and even though the order as signed appears to be somewhat limited, that it is reopened merely for the purpose of evidence as to the community property, the court feels that in its original decision that it had to take into consideration all these various points, the truth or the falsity of the testimony of the various witnesses and so on and for that reason I am going to allow it. Objection will be overruled.'

It is unnecessary to examine in detail the testimony presented at the second hearing, but it was confused and different from that given by both sides at the first trial. The only error assigned, however, is the action of the court in granting a second hearing and not rendering a judgment on the first hearing. The court found at the conclusion of the second hearing that the plaintiff-son became owner of the property as his own by gift and hence it was his own and could be lawfully conveyed to the defendant-mother. As a result of such findings of fact the legal conclusion was stated that the defendants were owners in fee simple of the property and judgment was rendered for the defendants.

Plaintiff appeals from the judgment contending a conclusive case was established for the plaintiffs at the first hearing, that the document requesting a new trial did not meet the requirements for such a pleading, that it was an abuse of discretion for the court to reopen the case where no legal grounds are shown, and asking that the court be directed to enter judgment for the plaintiffs on the decision entered at the conclusion of the first hearing.

The New Mexico Rules of Civil Procedure, Rule 59(a) provides that new trials may be granted as follows:

'(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.'

It may be seen that the above rule actually applies to two types of actions: those tried by a jury, and those tried by the court without a jury. In the former instance, the reasons for which a new trial may be granted are stated to be those for which new trials have heretofore been granted. In instances where the case is tried without a jury, the court is given a wide discretion by the wording of the portion of the rule applicable to such cases. This rule is based on the similar Federal Rule 59(a), 28 U.S.C.A. with the exception that in the New Mexico rule the words found in the Federal rule at the end of the first sentence: 'in actions at law in the courts of the United States; and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the United States.' are omitted. The limitation in the Federal rule in the instance of cases tried in courts without a jury is not included in the New Mexico rule, thus it would appear that the framers of the New Mexico rule desired to grant the court broader discretion where it hears the case itself, without a jury, than is allowed under the Federal rule. Consequently, the...