McRae v. Cassan
New Mexico Supreme Court
Appeal from the District Court for Colfax County before William J. Mills, Chief Justice. A lease made with the knowledge and intention of the leaser that the demised premises are to be used for immoral or illegal purposes is unenforceable and invalid. Laws 1901, chap. 84, secs. 2, 4; A. & E. Enc. Law, 2 ed., vol. 18, pp. 316, 317 and cases cited; Cyclopedia of Law and Procedure, vol. 24, p. 909 and cases cited; Chateau v. Singla, Cal., 45 Pac.
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Appeal from the District Court for Colfax County before William J. Mills, Chief Justice. A lease made with the knowledge and intention of the leaser that the demised premises are to be used for immoral or illegal purposes is unenforceable and invalid. Laws 1901, chap. 84, secs. 2, 4; A. & E. Enc. Law, 2 ed., vol. 18, pp. 316, 317 and cases cited; Cyclopedia of Law and Procedure, vol. 24, p. 909 and cases cited; Chateau v. Singla, Cal., 45 Pac. Rep. 1015¡; Demartini v. Anderson, 59 Pac. Rep. pp. 207, 208; Caldwell v. State, 17 Conn. 467; Graeter v. State, 105 Ind. 271; Daugherty v. Seymour,…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, J.
This was an action for rent brought by appellee against the appellant as surety for one McRae.
• The only question here arises on the affirmative defense of appellant by which he tried to establish that the lease was illegal, alleging that Cassan had knowingly leased the premises for illegal and immoral purposes, and that the said premises were located within seven hundred feet of a church.
There is no doubt but that it is the law. that where a building is leased with the intent that it is to be used as a house of prostitution, and the house is so used, the lessor…
2Cited by3 opinions
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- Farmers Development Co. v. Rayado Land & Irrigation Co.New Mexico Supreme Court · 1913
- Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920