Romero v. Garcia

Antonio Garcia and his wife (defendants) sold thirteen acres to their son and his wife, Ida Garcia Romero (plaintiff), describing the land by reference to a national forest, neighboring properties, and old fences marking the north and west boundaries. Mrs. Garcia never signed the deed as New Mexico community-property law required. Romero and her husband immediately moved in, built a home, and lived there until his death, after which Romero moved away, remarried, and occasionally fell behind on -- but eventually always paid -- property taxes. Romero sued to quiet title by adverse possession based on color of title and tax payments; the Garcias argued the void deed, its imprecise description, and Romero's tax lapses all defeated her claim. The trial court ruled for Romero, and the Garcias appealed.