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Section 42-4-12 - [Writ of possession — New Mexico Law | CourtGPT
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  6. Section 42-4-12 - [Writ of possession
New Mexico Legal Code

Section 42-4-12 - [Writ of possession

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Upon judgment for the recovery of possession, a writ of possession shall be issued, and the sheriff shall deliver to the plaintiff the possession of the premises, and also collect the damages and costs, as on execution in other cases. History: C.L. 1897, § 2685 (260), added by Laws 1907, ch. 107, § 1 (260); Code 1915, § 4370; C.S. 1929, § 105-1811; 1941 Comp., § 25-812; 1953 Comp., § 22-8-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effect of defendant's reentry after plaintiff recovers in ejectment. — Where, after the plaintiff has recovered in ejectment and been put in possession, the defendant reenters the premises, expels the plaintiff and destroys his crop, a bill will lie to restore the plaintiff to possession and to enjoin the defendant from further molesting him. Romero v. Munos, 1859-NMSC-008, 1 N.M. 314 (decided under former law). Law reviews. — For article, 'Survey of New Mexico Law, 1979-80: Civil Procedure', see 11 N.M.L. Rev. 53 (1981).