New Mexico § 42-4-16 - Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff

§ 42-4-16. Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff

If upon the rendition of any judgment in any such suit, the value of the improvements

put upon the land by any defendant or tenant in possession as aforesaid shall exceed

the net mesne profits of said land, the plaintiff or plaintiffs shall at the term

of court at which said judgment is rendered, elect whether he will take his judgment

and pay for the improvements so assessed against him or take pay from the defendant

or defendants for the net profits and the value of the land in its natural state without

the improvements, and if he elect to take pay for the net profits and the value of

the land without the improvements as aforesaid, the said plaintiff or plaintiffs shall

tender a warranty deed to the defendant or defendants for the said lands, upon the

payment of its value as found by the jury in its natural state without the improvements,

which payment shall be made to the plaintiff or plaintiffs in such reasonable term

[terms] as the court may allow.