Sanchez v. Garcia
Decision Date | 19 August 1963 |
Docket Number | No. 7253,7253 |
Parties | Dolores B. SANCHEZ, Individually and as Successor to Appellant, C. B. Sanchez, Deceased, Plaintiff-Appellant, v. Santiago GARCIA, Defendant-Appellee. |
Court | New Mexico Supreme Court |
McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellant.
Robert Hoath LaFollette, Albuquerque, for appellee.
Plaintiff has appealed from an adverse judgment in a quiet title action involving land in Tijeras Canyon, adjacent to Albuquerque, New Mexico.
Judgment was entered in 1954 quieting the title in plaintiff. In 1959, that judgment was vacated as to defendant Santiago L. Garcia, upon his motion based upon failure to serve him with process. Garcia then filed his answer and cross-complaint seeking to quiet title to a portion of the lands claimed by plaintiff. The trial court found the issues in defendant's favor and entered a decree quieting title to the 14.456 acres claimed by defendant.
The trial court made the following findings of fact and conclusions of law.
'3. C. B. Sanchez has not acquired title to the property by adverse possession.'
Appellant attacks findings of fact Nos. 4, 5, 6, 10 and 12 as being clearly erroneous, based upon testimony which is inherently improbable and without substantial support in the evidence. It is true that appellee's testimony differed materially from that of appellant and other witnesses in several material aspects. It would serve no useful purpose to point out the particular testimony asserted to be inherently improbable or in what manner the findings are claimed to be without substantial support. Suffice it to say that we find nothing inherently improbable or incredible in the facts relied upon to support the trial court's findings and conclusions. We have examined the record and conclude that the evidence, if believed by the trial court, is substantial to support the findings and conclusions made by the court; and under the well-established rule, this court will not disturb the findings on appeal. Coseboom v. Marshall Trust, 67 N.M. 405, 356 P.2d 117; Davis v. Merrick, 66 N.M. 226, 345 P.2d 1042. The fact that there may have been contrary evidence which would have supported a different finding or conclusion does not permit us to weigh the evidence Addison v. Tessier, 65 N.M. 222, 335 P.2d 554. It was for the trial court to resolve the conflicts, Nally v. Texas-Arizona Motor Freight, Inc., 69 N.M. 491, 368 P.2d 806; and this court will not substitute its judgment for that of the trial court as to the credibility of witnesses. Hinkle v. Schmider, 70 N.M. 349, 373 P.2d 918; Allsup v. Space, 69 N.M. 353, 367 P.2d 531.
Finally, appellant argues that the court erred in refusing to find that appellant acquired title to the land in dispute by adverse possession. The court found that appellant failed to prove either actual, visible appropriation of such land or color of title, both of which are essential to acquiring title by adverse possession under Sec. 23-1-22, N.M.S.A.1953. Appellant relied upon tax deeds which describe the land as: ...
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