Opinion · New Mexico Supreme Court

Mosley v. Magnolia Petroleum Co.

Mosley v. Magnolia Petroleum Co., 45 N.M. 230 (N.M. 1941)

Type
Opinion
Court
New Mexico Supreme Court
Jurisdiction
New Mexico
Date
1941-06-10
Topic
general

How later courts describe this case

  • stating that to constitute an estoppel by silence there must not only be a duty to speak but also a reliance on the silence
  • recognizing the dangers of imposing on landowners a duty to protect the public from hidden defects in their titles
  • recognizing defendant bore burden to prove ratification
  • “The owner of property is justified in relying upon his title; and he is under no obligation to proceed against all persons who may assert a hostile title[.]”

Citator

UpLaw has not yet analyzed Mosley v. Magnolia Petroleum Co.. The absence of a flag is not a finding that it is good law.

Cited by
60 opinions

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 232

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 233

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 234

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 235

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 236 Upon consideration of the second motion for rehearing, previous opinions are withdrawn and the following substituted: