[Claim for lots; time limit; unclaimed lots revert to town.]

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Each and every person or association or company of persons claiming to be an occupant or occupants, or to have possession, or to be entitled to the occupancy or possession of such lands, or to any lot, block, share or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his, her or their, duly authorized agent or attorney, sign a statement in writing, containing an accurate description of the particular parcel or parts of lands, in which he, she or they, claim to have an interest, and the specific right, interest or estate therein which he, she or they, claim to be entitled to, [and shall] receive and deliver the same to, or into, the office of such corporate authorities, or probate judge, and all persons failing to sign and deliver such statement within the time specified in this section shall be forever barred the right of claiming or recovering such lands, or any interest or estate therein, or any part, parcel or share thereof, in any court of law or equity. In case any lots in such town remain unclaimed and unconveyed at the end of said sixty days, all such lots shall revert to and become the property of such town.

History: Laws 1882, ch. 70, § 4; C.L. 1884, § 2778; C.L. 1897, § 3981; Code 1915, § 5522; C.S. 1929, § 144-110; 1941 Comp., § 8-510; 1953 Comp., § 7-5-10.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Provisions repealed. — Two provisions of this section are repugnant to and irreconcilable with Section 19-4-4 NMSA 1978 and were therefore repealed by the latter section, namely, the absolute bar to an occupant who failed to file a claim within the specified time limit and the provision that upon failure to file a claim the property reverted to the town, since if failure to file resulted in the property reverting to the town, the title would no longer be in the probate judge and Section 19-4-4 NMSA 1978 could never be utilized. Alvarez v. Board of Trustees, 1957-NMSC-022, 62 N.M. 319, 309 P.2d 989.


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