NMSA 73-7-30. [Trial; equity procedure; costs and fees; time of payment of
AI-assisted research summary: The court must hold the case for trial, follow equity procedure, and enter judgment and costs if the plaintiff prevails or no answer is filed.
73-7-30. [Trial; equity procedure; costs and fees; time of payment of judgment.] The suit shall stand for trial at the day named in such notice or as soon thereafter as the business of the court will permit. Such proceedings shall in all respects be conducted as provided by law for suits in equity and the court shall hear the cause as in other cases and enter its decree in accordance with the law and the practice of courts of equity. In all cases where notice has been properly given as aforesaid and where no answer has been filed, or if filed and the cause shall be decided for the plaintiff upon the hearing thereof, then the court by its decree shall enter judgment against each tract or parcel of land for the amount found due, together with all costs of the proceedings, which shall include a reasonable attorney's fee to be fixed by the court and taxed as a part of the costs, and such costs shall be apportioned among the several tracts or parcels of land which may be involved in one proceeding as the court may deem just and equitable. The court shall further fix a time not less than thirty nor more than ninety days from entry of such decree wherein the amount of such judgment against any such tract or parcel of land may be paid by any party interested and said decree shall provide that upon default of such payment the lien of such assessments shall be foreclosed by a sale of all lands upon which the judgment has not been paid. The court by its decree shall appoint a special master to carry out the decree, to whom the judgments shall be paid, and who in default of such payment shall advertise and sell such lands as herein provided, and shall fix the compensation of such special master as a part of the costs. The said decree shall be a joint and several decree as to each and all the several tracts or parcels of land against which the same is entered, and shall provide for interest at the rate of one percent per month on the amount found to be due until the date of sale. Provided, however, that no tract or parcel of land included in said decree shall be held liable for more than the amount due as assessed against that particular tract or parcel of land, including costs and interest as hereinbefore provided. History: Laws 1927, ch. 131, § 6; C.S. 1929, § 40-406; 1941 Comp., § 77-1930; 1953 Comp., § 75-20-30.