New Mexico § 42-4-21 - Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession

§ 42-4-21. Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession

That when an application is made for a patent to a mine or mining claim under the

laws of the United States by any person, persons, company or corporation claiming

to own or have an interest therein, and such application is contested by any other

person, persons, company or corporation in the land office of the United States, such

person, persons, company or corporation so contesting, may bring a suit of ejectment

in the district court of the county in which the mine or mining claim is situated,

for the recovery of the same, whether in or out of possession of such mine or claim,

and the question as to who was in the possession of the mine or claim at the time

when the application was made for patent, or when the suit was begun, shall not be

considered by the court, except as it may be necessary in determining the interests

of the respective claimants, and their right to the possession of said mine or claim.