Upon the death of a defendant in an action for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both; and an order therefor may be forthwith made, in the manner directed in the preceding sections [37-2-5, 37-2-7 to 37-2-9, 37-2-11 NMSA 1978]. History: Laws 1884, ch. 5, § 12; C.L. 1884, § 2149; C.L. 1897, § 3098; Code 1915, § 4275; C.S. 1929, § 105-1213; 1941 Comp., § 19-712; 1953 Comp., § 21-7-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 99. 1 C.J.S. Abatement and Revival §§ 150, 160, 165.
New Mexico Legal Code