Delgado y Ortiz v. First National Bank
New Mexico Supreme Court
Appeal from the district court of San Miguel county, before John R. MoFie, Associate Justice. The existence of fraudulent intent must always he proved by evidence which is competent against the grantee. No person should be allowed to defeat his transfer by his own acts or words. Bump Fraud. Conv., par. 599, citing Miner v. Phillips, 42 111. 128; Clements v. Moore, 6 Wall. 299; Foster v. Wallace, 2 Mo. 231; 35 Mo. 202; 53 Mo.
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Appeal from the district court of San Miguel county, before John R. MoFie, Associate Justice. The existence of fraudulent intent must always he proved by evidence which is competent against the grantee. No person should be allowed to defeat his transfer by his own acts or words. Bump Fraud. Conv., par. 599, citing Miner v. Phillips, 42 111. 128; Clements v. Moore, 6 Wall. 299; Foster v. Wallace, 2 Mo. 231; 35 Mo. 202; 53 Mo. App. 644; Yisher v. Webster, 15 Cal. 50; Lewis v. Wilcox, 116 U. S. 165; Peck v. Crouse, 46 Barb. 151; 15 Barb. 560; 60 Barb. 62; Ball v. Loomis, 29 N. Y. 412; Savery v.…
1Opinion of the Court
OPINION OF THE COURT.
MANN, J.
1 This cause was tried below by Hon. J. R. McFie, judge of the First judicial district, sitting in-the place of Hon. Wm. J. Mills, judge of the district court of San Miguel county, who was incapacitated from sitting at the trial of this cause by reason of having been counsel for the defendant, Antonio Delgado y Ortiz, in a cause involving the same issues. It has long been a settled rule of this court, that it will not disturb the findings of fact of the trial court, where there is sufficient evidence to support such findings. A careful reading of all the evidence…
2Cases cited5 opinions
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Semple v. WrightCalifornia Supreme Court · 1867
- In re Estate of HolbertCalifornia Supreme Court · 1881
- Semple v. WareCalifornia Supreme Court · 1872
- Bouldin v. PhelpsU.S. Circuit Court for the District of Northern California · 1887