New Mexico Supreme Court, 1972

The court held that plaintiff could not maintain an unlawful-detainer action because his claimed right to possession depended directly on resolving disputed title, which the governing statute forbids in such an action.

The court reversed the Court of Appeals and reinstated summary judgment for the tire manufacturer and seller. It held that defendants made a prima facie showing that no genuine issue existed as to whether the tire was defective when sold, and plaintiff failed to produce evidence creating a genuine factual dispute.