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
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 | 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 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
- Cited by
- 32 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 *Page 236 Upon consideration of the second motion for rehearing, previous opinions are withdrawn and the following substituted: