New Mexico § 19-4-21 - Adverse claims; litigation

§ 19-4-21. Adverse claims; litigation

In case there shall be adverse claimants to such lands, or to any part, parcel or

share thereof, either party may bring a suit against the adverse claimant or claimants,

in the district court of the judicial district, or in any court of competent jurisdiction

in the county in which the lands shall be situated, or in any county to which the

county in which such lands shall be situated is attached for judicial purposes: provided,

always, that no judge of the district court, or county judge, who has been an adverse

claimant, directly or indirectly, of any portion of the lands embraced within such

towns, or who is a party to any action brought to determine a right to a conveyance

of any portion of the lands within such town, shall entertain, hear or determine any

such claims, by or between any parties whomsoever; but in all such cases, if the

cause shall be pending in a district court, the judge thereof shall order all papers,

with a transcript of the record in the cause, to be transmitted to another judicial

district, as in cases of changes of venue, and if the cause shall be pending in a

county court, the judge thereof shall order all papers, with a transcript of the record,

to be transmitted to the district court of said county, and the cause shall proceed

in the courts to which the same is removed as if originally instituted in that court:

provided, also, that the laws applicable to a change of venue, shall apply to such

actions: and provided, also, that nothing in this chapter shall prevent the district

or probate judge of the district or county in which such lands are situated from executing

any and all conveyances of such lands, pursuant to the determination of such action. Suits shall be brought against adverse claimants or defendants, and it shall not

be necessary to make the judge, or corporate authorities, parties thereto. The complaint must show what interest or estate in the lands in controversy the

plaintiff claims. The answer, pleadings and other proceedings shall be as in cases in chancery, except

that oral testimony may be introduced upon the trial, and the evidence, if not in

the form of depositions, shall be reduced to writing, certified by the judge and filed

with the papers in the cause.