Robinson v. Sawyer
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Medler, Judge. Action by Louis L. Robinson, as administrator de bonis non of the estate of John Kingston, deceased, against William L. Sawyer. Decree for plaintiff, and defendant appeals. Contract was void. Bank v. Smith, 17 N. M.; Fed Stats.
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Appeal from District Court, Dona Ana County; Medler, Judge. Action by Louis L. Robinson, as administrator de bonis non of the estate of John Kingston, deceased, against William L. Sawyer. Decree for plaintiff, and defendant appeals. Contract was void. Bank v. Smith, 17 N. M.; Fed Stats. Ann. 533; Camfield v. U. S., 167 U. S. 518; Schwanger v. Mearbry, 59 Cal. 91; Combs v. Miller, 103 Pac. 590; McLaughlin v. Ardmore L. & T. Co., 95 Pac. 779; Garst v. Love, 55 Pac. 19; Chaffee v. Garrett, 16 Ohio 421; Jarvis v. Campbell, 23 Kas. 370; Tandy v. Elmore Cooper L. S. C. Co., 113 Mo. App. 409;…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This action was instituted in the court below by appellee against appellant to recover upon certain promissory notes and to foreclose a mortgage securing same. Appellant interposed as a defense absence of consideration and illegality of contract, by reason of the fact that the payee of the notes, who was the mortgagee, had no good-faith claim to the lands involved in the suit, and unlawfully asserted possession thereof. The facts relied upon as a' defense were substantially the same as those pleaded and relied on in the case of Third National Exchange Bank v.…
2Cases cited6 opinions
- Searl v. School Dist. No. 2 in Lake Cty.Supreme Court of the United States · 1890
- McCagg v. HeacockIllinois Supreme Court · 1864
- Smith v. Third Nat. Exchange Bank of SanduskySupreme Court of the United States · 1917
- City of Tucumcari v. BelmoreNew Mexico Supreme Court · 1913
- Third National Exchange Bank v. SmithNew Mexico Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Caddy v. WagnerNew Mexico Supreme Court · 1920