Is Mosley v. Magnolia Petroleum Co. still good law?

Opinion · New Mexico Supreme Court

Mosley v. Magnolia Petroleum Co.

45 N.M. 230

Type: Opinion
Court: New Mexico Supreme Court
Jurisdiction: New Mexico
Date: 1941-06-10
Topic: general

How later courts describe this case

stating that to constitute an estoppel by silence there must not only be a duty to speak but also a reliance on the silence
recognizing the dangers of imposing on landowners a duty to protect the public from hidden defects in their titles
recognizing defendant bore burden to prove ratification
“The owner of property is justified in relying upon his title; and he is under no obligation to proceed against all persons who may assert a hostile title[.]”

Citator

UpLaw has not yet analyzed Mosley v. Magnolia Petroleum Co.. The absence of a flag is not a finding that it is good law.

Cited by: 60 opinions

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 232

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 233

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 234

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 235

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 236 Upon consideration of the second motion for rehearing, previous opinions are withdrawn and the following substituted: