There are two answers to this contention; first, it appears from appellees answer that they do claim the entire title and thereby brought it to the attention of the appellants; and second, if necessary we will treat the complaint as amended by the facts in evidence. Mesich v . Board of County Comrs, 46 N.M. 412, 129 P.2d 974, 977. In that case we said: "The appellee asserts that as appellants had plead that they had a fee simple title to the property, they could not claim to be the owners of a less estate. But the question of ownership was litigated, and this court will treat the pleading as having been amended to conform to the proof. Lopez v. Lucero, 39 N.M. 432, 48 P.2d 1031."
