First National Bank v. Clark
New Mexico Supreme Court
Appeal from District Court, San Miguel County; D. J. Leahy, Judge. Action by the First National Bunk of Las Yegas, N. M., against John S. Clark, trustee of the estate of Aaron M. Adler, bankrupt, wherein Aaron M. Adler and others intervened. Judgment for plaintiff. Defendant and interveners appeal.
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Appeal from District Court, San Miguel County; D. J. Leahy, Judge. Action by the First National Bunk of Las Yegas, N. M., against John S. Clark, trustee of the estate of Aaron M. Adler, bankrupt, wherein Aaron M. Adler and others intervened. Judgment for plaintiff. Defendant and interveners appeal. Only necessary parties are mortgagee, mortgagor and those subsequently acquiring interest in property. 27 Cye. 1562-3. If action is based on contract, only proper sole defendant is promisor, in eyes of law, or his representatives. Test is the interest in subject-matter of contract. 30 Cyc. 102-3;…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
This is a suit brought in the district court for the county of San Miguel by the First National Bank of Las Vegas, N. M., and against John S. Clark, trustee in bankruptcy of the estate of Aaron M. Adler. Plaintiff’s first cause of action seeks to foreclose a mortgage deed, dated March 19, 1912, made, executed, and delivered to plaintiff by Aaron M. Adler and Ciar Adler, his wife^to secure the payment of a promissory note of the same date in the sum of $6,000, with interest at the rate of 10 per cent: per annum from date until paid, made, executed, and delivered…
2Cases cited21 opinions
- Glenny v. LangdonSupreme Court of the United States · 1878
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Moyer v. DeweySupreme Court of the United States · 1881
- Isaacs v. JonesCalifornia Supreme Court · 1898
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