Section 19-4-4 - Title to townsite vested in probate judge in trust; suit to determine rights; execution of deeds. - New Mexico Statutes

19-4-4. [Title to townsite vested in probate judge in trust; suit to determine rights; execution of deeds.]

Any land embraced in any townsite which has been entered as provided by the laws of the United States  and the title of which is vested in the probate judge, in trust for the use and benefit of the several occupants of the land  embraced within the said townsite, which has not been conveyed to the occupants, their heirs, executors, successors or  assigns, who were entitled to the same at the time the entry of such land was made, or at the time patent was received from the United States, by reason of the failure of said probate judge to give notice of such entry, or the receiving of said  patent, or by reason of such occupants, their heirs, executors, successors and assigns failing to make the statement and  filing the same as required by law, then in such case any such occupant, or the heirs, executors, successors or assigns of  any such occupant, may file a suit in the district court in the county wherein such land is situated, to have his or its  interest in the said land, at the time of such entry, or the receiving of such patent, or the successor in title to the right  of such occupant, declared and ascertained. The probate judge shall be made a party defendant and the said district court,  upon a hearing, shall adjudicate and determine the interest of such occupant at the time of such entry, or the receiving of  such patent, or the interest of the heirs, executors, successors and assigns of such occupant, and entering a decree declaring the interest of such occupant. Upon the entering by the said district court of the decree declaring the interest of  such occupant, or his or its successors in title, the probate judge of the county shall immediately thereafter make, execute and deliver to the parties so declared to be entitled to any part of the land embraced within the said townsite, a deed for  his or its respective interest.