N.M. Stat. § 42-4-15
[Improvements and mesne profits; verdict; set-off;
judgment; payment by plaintiff before obtaining writ of
possession.]
When the jury shall find a verdict for the plaintiff in such action, they shall also find
the value of the improvements in favor of the defendant or tenant in possession, proved
in the manner aforesaid, and further shall find the amount of the mesne profits proved to
have accrued as aforesaid, as also the value of the land in its natural state without the
improvements, and if the value of the improvements should exceed the amount of the
mesne profits, the balance or overplus thereof shall be found by the jury in favor of the
defendant or tenant in possession, and such plaintiff or plaintiffs shall not have a writ of
possession awarded or issued against the defendant or defendants until he or they shall
have paid to the said defendant or defendants, their agent or attorney, the full amount of
balance or overplus, which the value of the improvements is found to exceed the mesne
profits as aforesaid. And if the mesne profits as aforesaid shall exceed the value of the
improvements as aforesaid, the jury aforesaid shall find the amount of such balance or
overplus against the defendant or tenant in possession and judgment shall be entered
up against said defendant or tenant in possession for such balance or overplus so found
against them.