Skov v. Coffin ( 1911 )

On Motion for Rehearing.

We need not consider or discuss the authority and power of Martin Lujan, as representative of the people oí Socorro to convey title to the land in controversy to John J. Thibault, for, if that title was invalid, ap-pellee failed to make out his case. He was the plaintiff in the court below, and the burden was on him to establish his title. That title must rest on the title obtained by Moritz Lowenstein from the tax sale of the land as the property of John J. Thibault. If the latter had no title, there was no title in Lowen-stein. The grant made by the mayor of Socorro in 1886 to Lowenstein was dependent on the title obtained by Lowenstein from John J. Thibault, and it was utterly invalid if there had been no prior title granted to Thibault. This theory has been fully developed in our former opinion. The motion for rehearing is overruled.