The defendant shall plead to the complaint, as required by Sections 4106 and 4110; and the plaintiff may reply or demur.
History: C.L. 1897, § 2685 (254), added by Laws 1907, ch. 107, § 1 (254); Code 1915, § 4364; C.S. 1929, § 105-1805; 1941 Comp., § 25-806; 1953 Comp., § 22-8-6.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Sections 4106 and 4110 refer to the 1915 Code, §§ 4106, 4110, which are superseded by Rules 1-007A and 1-012B NMRA.
Rule 1-007C NMRA abolished the use of demurrers.
What parties may show in their pleadings. — In ejectment, the plaintiff may show any fact which establishes his right to possession, and the defendant may show any fact to establish that the plaintiff is not entitled to possession, under the plea of not guilty. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 11, 36, 37.
Estoppel of tenant never in possession under lease to dispute landlord's title in action of ejectment, 98 A.L.R. 546.
Estoppel or waiver, necessity of pleading in ejectment action, 120 A.L.R. 92.
Defense of adverse possession or statute of limitations as available under general denial or plea of general issue, 39 A.L.R.2d 1426.
28A C.J.S. Ejectment § 34 et seq.