Baca v. Burks

By this opinion we review our action in issuing an alternative writ of prohibition on the petition of J. Nepomuceno Baca because of respondents denial of his motion to dismiss made pursuant to Rule 41(e), § 21-1-1(41)(e), N.M.S.A., 1953 Comp. The petition for the writ alleged that a complaint had been filed against Baca on February 26, 1965, in respondents court in which the plaintiff claimed to be the owner of certain lands which defendant, the petitioner here, wrongfully came into possession of and was extracting profits from. Plaintiff sought equitable relief and restoration of the property.